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HomeMy WebLinkAbout10 - Landscape Maint AgrmtCITY OF SEW PORT , ms NEW PO R T BEACH C'9GI£ORNP City Council Staff Report Agenda Item No. 10 October 23, 2012 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Municipal Operations Department Mark Harmon, Municipal Operations Department Director 949 644 -3055, mharmon @newportbeachca.gov PREPARED BY: Rachell Wilfert, Management Assistant APPROVED: A �� TITLE: Approval of Landscape Maintenance Agreement for Citywide Medians and Roadsides ABSTRACT: The City currently engages two contractors to provide landscape maintenance for City and Newport Coast medians and roadsides, as well as, Newport Coast view parks, and various City facilities. Both contracts expire at the end of November. The new agreement combines the services from both contracts, which results in a savings to the City of over $100,000 per year. RECOMMENDATION: 1. Approve a five year agreement with Park West Landscape Management for landscape maintenance of Citywide Medians and Roadsides; and 2. Direct that this Project be exempt from the payment of prevailing wages because this Project is financed with local funds and involves a matter of local concern. The current adopted budget includes sufficient funding for this purchase. It will be expensed to the Contract Services for Medians and Newport Coast accounts in the Municipal Operations Department, 3170 -80881 and 3170- 80882. DISCUSSION: Background: Currently, there are two existing agreement for landscape maintenance for the City of Newport Beach. Merchants Landscape Services provides landscape maintenance of City medians and roadsides, excluding Newport Coast; and Park West Landscape Approval of Landscape Maintenance Agreement for Citywide Medians and Roadsides October 23, 2012 Page 2 provides landscape maintenance for Newport Coast, including the view parks, Newport Coast Community Center, and Fire Station #8. In 2011, the agreement with Merchants was amended to include the maintenance of the OASIS senior center and the utilities sites, including Big Canyon Reservoir and the oil fields. Both maintenance contracts expire at the end of November. In an effort to consolidate services and reduce costs, staff decided to combine the services into one agreement. Discussion: On August 6, 2012, a Request for Proposal (RFP) solicitation was issued by Purchasing for public distribution. It was also emailed directly to seventeen (17) landscape firms in the area. Thirteen (13) firms attended a mandatory pre - proposal meeting, and from those firms the Department received ten (10) proposals. After reviewing costs and previous performance, staff considered Park West to be the most responsive proposal. Firm Annual Base Maintenance Cost Existing Agreements (combined) $ 1,064,416.88 Park West Landscape Maintenance Inc. $ 981,630.00 Marina Landscape Inc. $ 1,066,819.00 Merchants Landscape Services Inc. $ 1,127,315.76 Valley Crest Landscape Maintenance $ 1,148,048.19 Pinnacle Landscape Company $ 1,181,276.59 Mariposa Landscape Inc. $ 1,289,988.00 Parkwood Landscape Maintenance, Inc $ 1,386,927.00 Aztec Landscaping $ 1,438,581.48 TruGreen Landcare $ 1,500,576.00 Midori Gardens Landscape Service $ 1,524,551.13 The contract will be for five years, with an annual maintenance cost of $981,630.00. An additional amount of $158,300 will be added for a total "not to exceed" amount of $1,140,000 a year. The additional funds are to cover costs associated with miscellaneous irrigation repairs, including broken sprinklers or valves, or additional maintenance or damage not covered in the base monthly rate, such as damage from traffic accidents. The annual maintenance cost will be subject to a CPI increase with maximum of 3 %. The total compensation, including the additional cost for irrigation repairs, represents an annual cost savings to the City of $109,260.00 a year when compared to the two existing contracts. Park West will begin service on November 28, 2012. 2 Approval of Landscape Maintenance Agreement for Citywide Medians and Roadsides October 23, 2012 Page 3 Agreement Total Not To Exceed Annual Cost Savings to the City Park West (existing) Merchants (existing) $455,000.00 $794,260.00 Total for Existing Agreements $1,249,260.00 Park West (New) $1,140,000.00 $109,260.00 ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). by: Mark Harmon � Municipal Operations Director Attachments: A. Agreement with Park West Landscape Maintenance of Medians and Roadsides 3 Attachment A: Agreement with Park West Landscape Maintenance of Medians and Roadsides LANDSCAPE MAINTENANCE SERVICES AGREEMENT WITH PARK WEST LANDSCAPE MAINTENANCE, INC. FOR CITYWIDE LANDSCAPE MAINTENANCE THIS LANDSCAPE MAINTENANCE SERVICES AGREEMENT ( "Agreement") is made and entered into as of this 1st' day of December, 2012 ( "Effective Date ") by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ( "City"), and PARK WEST LANDSCAPE MAINTENANCE, INC., a California corporation ( "Contractor"), whose principal place of business is 22421 Gilberto, Suite E, Rancho Santa Margarita, CA 92688, and is made with reference to the following: RECITALS A. City is a municipal corporation I duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to engage Contractor to perform regularly scheduled landscape maintenance services for Citywide landscal e maintenance of medians, roadsides and other sites ( "Project"). C. Pursuant to the authority conferred to City as a charter city under California Constitution, Article XI, Section 5, City hereby exempts Project from the payment of prevailing wages because the funds used to finance Project are local funds and Project is a matter of local concern D. Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications set forth by the City for the Project, and is familiar with all conditions relevant to the performance of services and has committed -to perform all work required for the price specified In this Agreement. NOW, THEREFORE, it Is mutually agreed by and between the parties as follows: 1. TERM The term of this Agreement shall commence on the Effective Date, and shall terminate on November 30, 2014 ( "Original term"). The Original Tenn shall be for two (2) years with the City's option to automatically renew the Agreement for three (3) additional one (1) year terms ( "Renewal Term ") unless terminated earlier as set forth herein. In any event, the term of this Agreement, Including the Original Term and any Renewal Terms shall not extend beyond November 30, 2017 without a written amendment to this Agreement. 2. SCOPE OF WORK 2.1 City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. Contractor shall perform all the work described In the Scope of Work attached hereto as Exhibit A and Incorporated herein by this reference ("Services" or "Work"). As a material inducement to the City in agreeing to and entering into this Agreement, Contractor represents and warrants that Contractor Is a provider of first class work and is experienced in performing the Work contemplated herein) and, in light of such status and experience, Contractor covenants that it shall follow the highest industry standards in performing the Work required hereunder and that all materials will be of good quality. For purposes of this Agreement, the phrase "highest industry standards" shall mean those standards of practice recognized by one or more first -class firms performing similar work under similar circumstances. 2.2 Contractor shall perform all Work required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services necessary for the Project. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and Contractor shall perform the Services in accordance with the schedule Included in Exhibit A. The failure by Contractor to strictly adhere to the schedule may result in termination of this Agreement by City. 3.1.1 Notwithstanding the foregoing, Contractor shall not be responsible for delays due to causes beyond Contractor's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice to !the other party within two (2) calendar days of the occurrence of the delay so that all delays can be addressed. 3.2 Contractor shall submit all requests for extensions of time for performance in writing to the Project Administrator (as defined in Section 6 below) not later than two (2) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Contractor's control. 3.3 For all time periods not specifically set forth herein, Contractor shall respond in the most expedient and appropriate manner under the circumstances, by fax, hand - delivery or mail. 4. COMPENSATION 4.1 City shall pay Contractor for the Services on a time and expense not -to- exceed basis, in accordance with the provisions of this Section and the Schedule of Rates attached hereto as Exhibit B and incorporated herein by reference. No rate changes shall be made during the term of this Agreement, including the Original Term and any Renewal Terms, without the prior written approval of the City, except for the annual adjustment to the rates in proportion to changes in the Consumer Price Index as more particularly described Section 4.2 below. Contractor's total compensation for Services performed in accordance with this Agreement, including all reimbursable Items, shall not exceed One Million One Hundred Forty Thousand Dollars and 001100 ($1,140,000.00) per 12 -month period from December 1't to November 30th, commencing with the Effective' Date, without written amendment to the Agreement. PARK WEST LANDSCAPE MAINTENANCE, INC. Page 2 4.2 Contractor shall ',submit monthly Invoices to City describing the Work performed the preceding month. Contractor's bills shall include the name of the person and/or classification of employee who performed the Work, a brief description of the Services performed and /or the specific task from the Scope of Work attached hereto to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Contractor no later than thirty (30) days after approval of the monthly Invoice by City staff. 4.3 City shall reimburse Contractor only for those costs or expenses specifically approved in the Scope of Work and Schedule of Rates attached hereto. Unless otherwise approved, such costs shall be limited and include nothing more than the actual costs and /or other costs and /or payments specifically authorized in advance In writing and Incurred by Contractor in the performance of this Agreement. 4.4 Contractor shall not receive any compensation for Extra Work without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by the Project Administrator to be necessary for the proper completion of the Project, but which is not included within the Scope of Work and which the City and Contractor did not reasonably anticipate would be necessary. Compensation for any authorized Extra Work shall be' paid in accordance with the Schedule of Rates set forth In Exhibit B. 5. PROJECT MANAGER 5.1 Contractor shall phases of the Project. This P times during the Agreement t Project Manager. Contractor key personnel listed in Exhib Project without the prior w unreasonably withheld with re lesignate a Project Manager, who shall coordinate all Ject Manager shall be available to City at all reasonable m. Contractor has designated Brian Chinnery to be its call not remove or reassign the Project Manager or any A or assign any new or replacement personnel to the ten consent of City. City's approval shall not be sect to the removal or assignment of non -key personnel. 5.2 Contractor, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Contractor warrants this It will continuously furnish the necessary personnel to complete the Project on a timely basis as, contemplated by this Agreement. 6. ADMINISTRATION This Agreement will be' administered by the Municipal Operations Department. Dan Sereno, Parks and Trees Superintendent or his/her designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his/her; designee shall represent City In all matters pertaining to the Services to be rendered pursuant to this Agreement. PARK WEST LANDSCAPE MAINTENANCE, INC. Page 3 7. TYPE AND INSTALLATION OF MATERIALS /STANDARD OF CARE 7.1 Contractor shall use only the standard materials described in Exhibit A in performing Services under this Agreement. Any deviation from the materials described In Exhibit A shall not be installed or utilized unless approved in advance and in writing by the Project Administrator. 7.2 All of the Service shall be performed by Contractor or under Contractor's supervision. Contractor represents that it possesses the personnel required to perform the Services required by this, Agreement, and that it will perform all Services in a manner commensurate with highest industry standards. All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Contractor certifies that the Work conforms to the requirements of this Agreement and all applicable federal, state and local laws and the industry standard. 7.3 Contractor represents and warrants to City that it has, shall obtain and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Contractor to practice its profession. Contractor shall maintain a City of Newport Beach business license during the term of this Agreement. 7.4 Contractor shall not be responsible for delay, nor shall Contractor be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Contractor's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 8. RESPONSIBILITY FOR DAMAGES OR [NJ URY 8.1 City and all officers, employees and representatives thereof shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Services required hereunder, or for damage to property from any cause arising from the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 8.2 Contractor shall be responsible for any liability imposed by law and for Injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by the Contractor. 8.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursement's and court costs) of every kind and nature whatsoever 8 PARK WEST LANDSCAPE MAINTENANCE, INC. Page 4 (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any Work performed or Services provided under this Agreement including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent and /or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). 8.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this Indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation 'upon the amount of indemnification to be provided by the Contractor. i 8.5 Contractor shall/ perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Work by Contractor or its agents. 8.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Agreement as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 8.7 The rights and obligations set forth in this Section shall survive the termination of this Agreement. 9. INDEPENDENT CONTRACTOR It is understood that City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees or agents of the City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment shall accrue to Contractor or its employees. Nothing in this Agreement shall be deemed to constitute approval for Contractor or any of Contractor's employees or agents, to be the agents or employees of the City. Contractor shall have the responsibility for and control over the means of 'performing the Work, provided that Contractor is in compliance with the terms ofjthis Agreement. Anything in this Agreement that may appear to give City the right to direct Contractor as to the details of the performance of the Work or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Services. PARK WEST LANDSCAPE MAINTENANCE, INC. Page 5 10. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Contractor on the Project. 11. CITY POLICY Contractor shall discuss and review all matters relating to policy and Project direction with the Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 12. PROGRESS Contractor is responsible for keeping the Project Administrator and /or his/her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities perforred and planned, and any meetings that have been scheduled or are desired. 13. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of Insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C. and incorporated herein by reference. 14. BONDING 14.1 Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement: a Faithful Performance Bond in the amount of one hundred percent (100 %) of the total amount to be paid Contractor as set forth in this Agreement In the form attached hereto as Exhibit D which is incorporated herein by this reference. 14.2 The Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide. Property - Casualty. 14.3 The Contractor shall deliver, concurrently with execution of this Agreement, the Faithful Performance Bond, a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. PARK WEST LANDSCAPE MAINTENANCE, INC. Page 6 10 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint- venture or syndicate or cotenancy, which shall result in changing the control of Contractor. Control means fifty percent (50 %) or more of the voting power, or twenty-five percent (25 %) or more of the assets of the corporation, partnership or joint - venture. 16. SUBCONTRACTING The subcontractors au Identified in Exhibit A. Cor omissions of any subconh contractual relationship betv obligation on the part of City such subcontractor other the beneficiary of any Work pert duty of care between the sul herein, the Services to be assigned, transferred, contra of City. razed by City, if any, to perform Work on this Project are ictor shall be fully responsible to City for all acts and tors. Nothing in this Agreement shall create any rn City and any subcontractor nor shall it create any pay or to see to the payment of any monies due to any as otherwise required by law. The City Is an intended ned by the subcontractor for purposes of establishing a mtractor and the City. Except as specifically authorized ovided under this Agreement shall not be otherwise d or subcontracted out without the prior written approval 17. OWNERSHIP OF DOCUMENTS Each and every report, draft, record, plan, document and other writing produced (hereinafter "Documents "), prepared or caused to be prepared by Contractor, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Contractor or any other party. Contractor shall, at Contractor's expense, provide such Documents to City upon prior written request. 18. CONFIDENTIALITY All Documents, including drafts, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information. 19. RECORDS Contractor shall keep records and Invoices in connection with the Services to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, PARK WEST LANDSCAPE MAINTENANCE, INC. Page 7 11 expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of City to examine, audit and make transcripts or copies of such I records and invoices during regular business hours. Contractor shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 20. WITHHOLDINGS City may withhold payment to Contractor of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Contractor shall not discontinue Work as a result of such withholding. Contractor shall have an immediate right to appeal to the City Manager or his/her designee with respect to such disputed sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its, investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 21. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS City reserves the right to employ other Contractors in connection with the Project 22. CONFLICTS OF INTEREST 22.1 The Contractor or its employees may be subject to the provisions of the California Political Reform Actlof 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest 22.2 If subject to the Act, Contractor shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement) by City. Contractor shall Indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 23. NOTICES 23.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terns of this Agreement shall be given in writing, to City by Contractor and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attn: Dan Sereno, Parks and Trees Superintendent 12 PARK WEST LANDSCAPE MAINTENANCE, INC. Page 8 Municipal Operations Deparment City of Newport Beach 3300 Newport Blvd. PO Box 1768 Newport Beach, CA 92658 Phone: 949- 6443069 Fax/email: 949- 650-0747 23.2 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at Attn: Brian Chinnery Park West Landscape Maintenance, Inc. 22421 Gilberto, Suite E Rancho Santa Margarita, CA 92688 Phone: 949- 546 -8942 Fax/email: 949-,546-8941 24. NOTICE OF CLAIMS Unless a shorter time is ;'specified elsewhere in this Agreement, before making its final request for payment under the Agreement, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Contractors acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made In writing and Identified by Contractor In writing as unsettled at the time of its final request for payment. The Contractor and the City expressly agree that In addition to all claims filing requirements set forth in the Agreement, the Contractor shall be required to file any claim the Contractor may have against the City in strict conformance with the Tort Claims Act (Govt. Code §§ 900 et seq.). 25. TERMINATION 25.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party falls to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 25.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than thirty (30) calendar days prior written notice to Contractor. In the PARK WEST LANDSCAPE MAINTENANCE, INC. Page 9 13 event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased and Documents created in performance of this Agreement! 26. LABOR 26.1 Contractor shall conform with all applicable provisions of State and Federal law including, but not limited to, applicable provisions of the Federal Fair Labor Standards Act CFLSA °) (29 USCA § 201, et seq.). 26.2 Whenever Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this Agreement, Contractor shall immediately give written notice to City, and provide all relevant Information. 26.3 Contractor represents that all persons working under this Agreement are verified to be U.S. citizens or persons legally authorized to work in the United States. 26.4 To the fullest extent permitted by law, the Contractor shall indemnify, defend, and hold harmless the City, its City Council, boards and commissions, officers, agents, volunteers, and employees from loss or damage, including but not limited to attorney's fees, and other costs of defense by reason of actual or alleged violations of any applicable Federal, State and local labor laws or law, rules, and /or regulations. This obligation shall survive the expiration and /or termination of the Agreement. 27. STANDARD PROVISIONS 27.1 Compliance with all Laws. Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. 27.2 Waiver. A waiver by City of any term, covenant, or condition in the Agreement shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 27.3 Intearated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and Agreements of whatsoever kind or nature are merged herein. No verbal Contract or implied covenant shall be held to vary the provisions herein. 27.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Exhibits attached hereto, the terms of this Agreement shall govern. I PARK WEST LANDSCAPE MAINTENANCE, INC. Page 10 14 27.5 Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 27.6 Effect of Contractor's Execution. Execution of this Agreement by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the Work is to be performed, and has taken into consideration these factors in submitting its Project proposal and Scope of Work. 27.7 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 27.8 Enual OnportunittIv Employment. Contractor represents that it Is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, age or any other impermissible basis under law. 27.9 Interpretation. The terms of this Agreement shall be construed in accordance with the meaninglof the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 27.10 Severabilitv. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 27.11 No Attomev s Fees. In the event of any dispute or legal action arising under this Agreement, the prebailing party shall not be entitled to attorney's fees. 27.12 Counteroarts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] PARK WEST LANDSCAPE MAINTENANCE, INC. Page 11 15 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTOR EY$S OFFICE Date: 0/9//'�L 0 Aar6tr . Harp �l7 rq City Attorney (� 1 ATTEST: Date: By: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, A California municipal corporation Date: Nancy Gardner Mayor CONTRACTOR: Park West Landscape Maintenance, Inc., a California corporation Date: By: Dustin Kemmerer Executive Vice President By: Brian Chinnery Division President [END OF SIGNATURES] Attachments: Exhibit A — Scope of Work Exhibit B — Schedule of Rates Exhibit C — Insurance Requirements Exhibit D — Faithful Performance Bond PARK WEST LANDSCAPE MAINTENANCE, INC. Page 12 16 EXHIBIT A SCOPE OF WORK PARK WEST LANDSCAPE MAINTENANCE. INC. Page A -1 ir1 ATTACHMENT A: SCOPE OF WORK Section 4: Intent and Description of Project The intent of these specifications is to provide full and complete contract landscape maintenance at designated sites, herein described, and that such site be kept in a healthy, weed - free, vigorous, and well -kept state at all times. 4.1 Description of Project Furnish all labor, equipment, materials, and supervision to perform landscape maintenance as described herein including, but not limited to, the following: • Weeding, cultivating and brush control both mechanically and with chemicals. • Fertilizing. • Shrub and groundcover trimming, pruning, training. • Minor tree pruning and staking. • Irrigation programming, monitoring, maintenance, and repair. • General rodent, pest and disease control on landscape planting and turf. • Mowing, verticutting, and aerifying. • General litter control, refuse removal, and grounds policing. • Plant replacement. • Hardscape cleaning. • Access roadway clearance and visibility maintenance. • General drainage structure and system maintenance. • Drinking fountain maintenance. • Reporting for vandalism, graffiti, or any safety concerns. • Pruning trees under 12 feet in height. It shall NOT be the contractor's responsibility to maintain or repair: • Area lighting systems RFP Landscape Maintenance Page A -1 M • Fencing • Gates • Any building located at the specified site • Graffiti • Vandalism • Signage • Damage resulting from vehicular accidents • Water, sewer, and electrical lines or systems, except to the extent required in the technical specifications of the Bid ',Schedules. • Trees over 12 feet in height. 4.2 Working Hours Normal working hours shall be within a ten -hour day between the hours of 7:00 a.m. and 5:00 p.m., Monday through Friday. No Saturday or Sunday work is to be scheduled other than litter control and refuse, without permission from the City, unless it is an emergency situation. No motorized equipment shall be operated before 8:00 am. or after 5:00 p.m. 43 Pricing Approach The City of Newport Beach intends to award a contract based on a fixed annual contract price for the two -year term of this contract, renewable annually based on performance at the City's sole discretion. The primary purpose of the Unit Prices (Attachment B, Section 1) proposal is to provide for additional contracted work during the course of the contract and to establish clear payment deductions for contract duties not rendered or not satisfactorily performed. Upon the second anniversary of the Commencement Date of the Contract and upon each anniversary of the Commencement Date thereafter, the Contract Amount shall be adjusted in proportion to the changes in the Consumer Price Index, subject to the 2.5% maximum adjustment increase set forth below. Such adjustment shall be made by multiplying the original Contract Amount by a fraction, the numerator of which is the value of the Consumer Price Index for the calendar month three (3) months preceding the calendar month for which such adjustment is to be made, and the denominator of which is the value of the Consumer Price Index for the same calendar month one (1) year prior. For example, if the adjustment is to occur effective June 1, 2012, the index to be used for the numerator is the index for the month of March 2012, and the index to be used for the denominator is March 2011. The "Consumer Price Index" to be used in such calculation is the Consumer Price Index, All Urban Consumers (All Items), for the Los Angeles Anaheim Riverside Metropolitan Area, published by the United States Department of Labor, Bureau of Labor Statistics (1982 84 = 100). If both an official index and one or more unofficial indices are published, the official index shall be used. If said Consumer Price Index is no longer published at the adjustment date, it shall be constructed by conversion tables including RFP Landscape Maintenance Page A -2 19 in such new index. In no event, however, shall the amount payable under this Agreement be reduced below the Contract Amount in effect immediately preceding such adjustment. No adjustment shall be made on the first anniversary of the Commencement Date. The maximum increase to the Contract Amount, for any year where an adjustment is made in proportion to changes in the Consumer Price Index, shall not exceed 2.5% of the Contract Amount in effect immediately preceding such adjustment. 4.4 Level of Maintenance All work shall be performed in accordance with the HIGHEST INDUSTRY STANDARDS, as stated in the enclosed maintenance specification description. Standards and frequencies may be modified from time to time as deemed necessary by the City for the proper maintenance of the sites. If, in the judgment of the City, the level of maintenance is less than that specified herein, the City shall, at its option, in addition to or in lieu of other remedies provided herein, withhold appropriate payment from the Contractor until services are rendered in accordance with specifications set forth within this document and providing no other arrangements have been made between the Contractor and the City. Failure to notify of a change and/or failure to perform an item or work on a scheduled day may result in deduction of payment for that date, week or month. Payment will be retained for work not performed until such time as the work is performed to City standard. The Contractor is required to correct deficiencies within the time specified by the City. If noted deficient work has not been completed, payment for subject deficiency shall be withheld for current billing period and shall (continue to be withheld until deficiency is corrected, without right to retroactive payments. 4.5 Quality of Work and Material All material and equipment furnished by the Contractor shall be new, high grade, and free from defects and imperfections, unless otherwise hereinafter specified. Workmanship shall be in accord with the best standard practices. Both materials and workmanship shall be subject to the approval of the Parks and Trees Maintenance Superintendent. All materials used shall be approved in advance by the Parks and Trees Maintenance Superintendent. 4.5.1 . "City shall reimburse Contractor for the actual cost, plus 15 %, of all irrigation materials installed by Contractor in the performance of contract services, in accordance with the details specified in 4.28 Irrigation System Maintenance." The wholesale cost shall be the actual cost paid by the Contractor reflecting the best price, including discounts available. Receipts shall be required for reimbursements. At no time shall the cost of materials exceed retail cost from the current price list, minus the discount rates. • Typical costs of the irrigation parts, plant material, etc. to be submitted to the City prior to approval. RFP Landscape Maintenance Page A -3 20 4.5.2 The City reserves the right to purchase materials directly and make them available to the Contractor. In the event the City exercises the option to purchase the materials, the following conditions will apply: • Contractor shall conform to all City practices and procedures. • All City purchases will be for the sole expressed use of and for the City. • The Contractor shall secure, store, inventory, distribute and control all materials entrusted to the Contractor's representatives. All materials and inventories shall be made available to the City upon request. • The Contractor will reduce the unit cost for each maintenance task by the City's actual cost for the materials provided and used. 4.6 Supervision of Contract All work shall meet with the approval of the City of Newport Beach's Municipal Operations Department. There shall be a daily meeting with the Contractor and the City representative to determine progress and to establish areas needing attention. A monthly maintenance schedule will be submitted in writing to the City by the first of each month. Any specific problem area which does not meet the conditions of the specifications set forth herein shall be called to the attention of the Contractor and if not corrected, payment to the Contractor will not be made until the condition is corrected in a satisfactory manner as set forth in the specifications. 4.7 Workmanship and Supervision The work force shall include a thoroughly skilled, experienced, and competent supervisor who shall be responsible for adherence to the specifications. All supervisory personnel must be able to communicate effectively in !English (both orally and in writing) and be computer literate. Any order given to supervisory personnel shall be deemed delivered to the Contractor. The supervisor assigned must be identified by name to ensure coordination and continuity. At a minimum, Contractor shall provide, in addition to one (1) fiill -time supervisor, twenty-five (25) full time positions as depicted in the chart available in Attachment A, Section 5. All hours shall be made up if there are absences to the contractor's workforce. The contractor shall provide replacements the same day where advanced notice is provided. Work shall be performed by competent and experienced workers. All irrigation maintenance and repairs shall be monitored by a California Landscape Contractors Association, Certified Landscape Technician-I (Irrigation). The work force shall include a thoroughly skilled, experienced, and competent supervisor who shall be responsible for adherence to the specifications. Supervisors and lead workers must communicate effectively, both in written and oral English, and shall be present at all times during contract operations. Any order given to these supervisors or lead workers shall be deemed as delivered to the Contractor. RFP Landscape Maintenance Page A-4 21 All pesticide operations, where required, shall be performed by a California State Licensed pest control operator through written recommendation by a California State Licensed Pest Control Advisor. The Contractor shall be responsible for compliance with all local, state, and federal laws and regulations regarding pesticide usage. All personnel working at the outlined areas shall be neat in appearance and in uniforms as approved by the Parks and Trees Maintenance Superintendent. All personnel shall wear identification badges or patches. Those employees working in or adjacent to traffic lanes shall wear safety vests. Persons employed by the Contractor who are found not to be satisfactory by the City shall be discharged or reassigned by the Contractor on fifteen (15) days notice from the City. 4.8 Specifications These specifications are intended to cover all labor, material and standards of architectural, landscaping, and mechanical workmanship to be employed in the work called for in these specifications or reasonably implied by terms of same. Work or materials of a minor nature which may not be specifically mentioned, but which may be reasonably assumed as necessary for the completion of this work, shall be performed by the Contractor as if described in the specifications. 4.9 Provisions for Extras No new work of any kind shall be considered an extra unless a separate estimate is given for said work and the estimate is approved by the City before the work is commenced. The Contractor will be required to provide before and after photographs of safety items or emergency repairs which were made without prior City approval. Documentation of contract compliance may be required on some occasions; 4.10 Equipment All vehicles and equipment used in conjunction with the work shall be maintained in a neat, clean, and orderly manner and shall be in good working order. The Municipal Operations Director, or his authorized agent, may reject any vehicle or piece of equipment and order it removed from the job site. 4.11 Safety Requirement All work performed under this contract shall be performed in such a manner as to provide maximum safety to the public and where applicable, comply with all safety standards required by CAL -OSHA. The Parks and Trees Maintenance Superintendent reserves the right to issue restraint or cease and desist orders to the Contractor when unsafe or hannf it acts are observed or reported relative to the performance of the work under this contract. All contractor vehicles shall have a "W.A.T.C.H." work area traffic control manual at all times. The Contractor shall maintain all work sites fire of hazards to persons and/or property resulting from his/her operations. Any hazardous condition noted by the Contractor, which is not RFP Landscape Maintenance Page A -5 22 a result of his/her operations, shall be immediately reported to the Parks and Trees Maintenance Superintendent. 4.12 Street Closures, Detours, Barricades Warning signs, lights, and devices shall be installed and displayed in conformity with "The California Manual on Uniform Traffic Devices" for use in performance of work upon highways issued by the State of California, Department of Transportation and as directed by City staff. If the Contractor fails to provide and install any of the signs or traffic control devices required hereby or ordered by the City staff, staff may cause such signs or traffic control devices to be placed by others, charge the' costs therefore against the Contractor, and deduct the same from the next progress payment. 4.13 Disposal At least 100% of all landscape debris will be disposed of through a landscape material recycling canter or reused in some manner. The Contractor shall dispose of all cuttings, weeds, leaves, trash, and other debris from the operation as work progresses. The City shall not be responsible for the disposal. Contractor shall pay all disposal fees and provide documentation evidence of recycling to include location, tonnage, etc. on a monthly basis to the City. 4.14 Records 4.14.1 The contractor shall (keep accurate records concerning all of his/her employees or agents and provide the City with names and telephone numbers of emergency contact employees. 4.14.2 The contractor shall complete a monthly maintenance report indicating work performed and submit this completed report to the Parks and Trees Maintenance Superintendent. This report should also contain a description, including man- hours, equipment, and materials breakdowns and costs used to accomplish any additional work which the contractor deems to be beyond the scope of the contract. Under ordinary conditions, payment for this work will not be authorized unless the additional work, and costs thereof, are first approved in writing by the City. 4.14.3 The Contractor shall, within fifteen (15) days of the effective date of an executed agreement, prepare and submit a written annual maintenance calendar to the Parks and Trees Maintenance Superintendent. This maintenance calendar shall clearly indicate all of the landscape maintenance tasks required by this agreement and the months of the year they are scheduled to be performed. If it is necessary to make periodic revisions to this maintenance schedule, a modified calendar must be submitted to the Parks and Trees Maintenance Superintendent for approval prior to the date the changes are to take effect. I 4.14.4 The Contractor shall permit the City to inspect and audit its books and records regarding City- provided services, including requests for certified payroll of employees assigned to the City, only at any reasonable tune. 4.15 Emergency Services The Contractor shall provide the City with names and telephone number; of at least two qualified persons who can be called by City representatives when emergency maintenance RFP Landscape Maintenance Page A -6 PIK conditions occur during hours when the Contractor's normal work force is not present in the City of Newport Beach. These Contractor representatives shall respond to said emergency within thirty (30) minutes from receiving notification. 4.16 Specialty Operations Written notification of all "specialty type" maintenance operations shall be given to the City forty -eight (48) hours PRIOR to each of these operations by the Contractor. "Specialty type" maintenance operations are defined as: flail mowing, fertilization, turf aerification, turf dethatching, seeding, preventive and curative application of fungicide, herbicide or any required pesticide applications, water truck operations, mulch applications and plant replacements. Positions used for specialty operations shall be in addition to those outlined in Attachment A, Section 5 (A -19). 4.17 Landscape License The Contractor shall hold ai valid and current California C -27 License and submit a copy thereof. The Contractor must be licensed as a California State Licensed Pest Control Operator and a California State Licensed Pest Control Advisor. The name and permit number will be supplied to the City at the beginning of contract, and any changes forwarded within twenty-four (24) hours of said change. A licensed Pest Control Operator must be provided to apply all restricted chemical materials. 4.18 Contractor's Office Contractor is required to maintain an officeJyard within a thirty (30) minute response time of the job site and provide the office with phone service during normal working hours. During all other times, a telephone answering service shall be utilized and the answering service shall be capable of contacting the Contractor by radio, cell phone, or pager. Contractor shall have a maximum response time of thirty (30) minutes to all emergencies. There will be no on- site storage of equipment or materials. Contractor will have full responsibility for maintaining an office and a yard. 4.19 Schedules 4.19.1 Annual Schedule • The Contractor shall provide an annual maintenance schedule indicating the time frames when items of work shall be accomplished per the performance requirements. • The Contractor shall complete the schedule for each site in a manner which shall correspond to the weekly schedules. • The annual schedule shall be submitted for City approval within fifteen (15) calendar days after effective date of the contract. • The Contractor shall submit revised schedules when actual performance differs substantially from planned performance. 4.19.2 Weekly Schedule RFP Landscape Maintenance Page A -7 `E • Weekly schedule forms shall be provided by the Contractor indicating the major items of work to be performed in accordance with the performance requirements and further delineate the time frames for accomplishment by day of the week and by morning and afternoon. • The Contractor shall complete the schedule for each item of work and each area of work. • The initial schedule shall be submitted one week prior to the effective date of the contract. Thereafter, it shall be submitted weekly on Thursday mornings for City approval, prior to scheduling work for the upcoming week. • Changes to the schedule shall be received by the Parks and Trees Maintenance Superintendent at least twenty -four (24) hours prior to the scheduled time for the work. • Failure to notify of a change and/or failure to perform an item of work on a scheduled day may result in deduction of payment for that date, week, or month. • The Contractor shall adjust his/her schedule to compensate for all holidays and rainy days. Maintenance and litter removal shall be scheduled for all holidays and rainy days, unless otherwise indicated by the City. 4.19.3 Daily Schedule • Daily schedule shall be emailed to the city inspector before 8:00a.m. each work day. • It shall list site locations of crews and numbers assigned at each site. • Changes to daily schedule can be made verbally or by email to the city inspector. 4.20 Performance on Schedule The Contractor has been provided the maximum latitude in establishing work schedules which correspond to its manpower and equipment resources. The Contractor has also been provided the opportunity and procedure for adjusting those schedules to meet special circumstances. Therefore, all work shall be completed on the day scheduled, as shown on the weekly and daily schedules. 421 Performance During Inclement Weather During the periods when inclement weather hinders normal operations, the Contractor shall adjust his/her work force in order to accomplish those activities that are not affected by weather. Failure to adjust the work! force to show good progress on the work shall result in deduction of payments to reflect only the work actually accomplished. 4.21.1 The Contractor shall immediately notify the Parks and Trees Maintenance Superintendent, or Park Maintenance Supervisor, prior to removing the work force from the job site for agreement on degree of inclement weather or other reasons. RFP Landscape Maintenance Page A -8 MR 4.22 Underground Excavations Contractor shall be responsible for locating all underground utility lines to insure the safety of his/her work crew and to protect, in place, existing utility equipment before commencing any excavation. Contractor shall contact the Parks and Trees Maintenance Superintendent and Underground Service Alert (811) 48 hours before commencing any excavation, to locate underground service lines. 423 Pesticides The City must maintain all documents that pertain to the use of pesticides on its property. Contractor must provide the Parks and Trees Maintenance Superintendent with all of the following: • A copy of Contractors Orange County Agricultural Commissioner's "Restricted Materials Permit/Operator I.D. numbers ". • A written "Pest Control Recommendation" for each site before Contractor uses any pesticide. Recommendation shall include a label and Material Safety Data Sheet for the pesticide proposed. Each recommendation shall be submitted individually in a binder (two copies). • A "Pesticide Use Daily Record" for any site that a pesticide was used, within 24 hours of application. Total amounts of pesticides applied shall be submitted weekly. • A weekly schedule shall be provided indicating locations to be treated. If a restricted pesticide is going to be used, a copy of the "Notice of Intent To Use Restricted Materials ", 24 hours before application. • An annual proposal pesticide list including the Environmental Protection Agency numbers and caution level of all the pesticides Contractor intends to use for this contract, before any such use. • The contractor shall not use any pesticide that has not been authorized by the Parks and Trees Maintenance Superintendent. • A full time Pest Control Operator will be assigned to the contract to apply all pesticides with a Qualified Applicators License. • The pest control operator shall be provided a complete spray rig with a minimum 100 gallon tank. The cost of all pesticides will be borne by the contractor. 4.24 Technical Maintenance Specifications 4.24.1 General Landscape Maintenance Requirements All maintenance functions shall be performed in accordance with the following specifications and at the frequencies indicated, unless otherwise indicated in the "Maintenance Frequency Summary". The City shall have the right to determine schedule days and the extent and frequency of additional "as needed" services. Standards and frequencies may be modified from time to time as deemed necessary by the City for the proper maintenance of the listed sites. RFP Landscape Maintenance Page A -9 `�y • All operations will be conducted so as to provide maximum safety for the public and minimize disruption of the public rise of City sites. • Contractor will keep all gutters, curbs, and walks adjacent to contract areas free of weeds, trash, and other debris. • Contractor will keep sidewalks free of algae where constant runoff occurs. • Leaves, paper, weeds, and any other debris will be removed from landscaped areas and disposed of off -site. • Contractor will clean sidewalks, roadways, and any other areas littered or soiled by his maintenance operations. • The Contractor shall maintain the premises clean of debris at all times. Upon completion of any work project, the Contractor shall remove remaining excess materials, waste, rubbish, debris, and his construction and installation equipment from the premises. Any dirt or stains caused by the work shall be removed. Existing City trash containers shall not be used by the Contractor for his debris. • Prune plant materials (adjacent to roadway intersections to provide adequate sight distance for vehicles entering the intersection. • Prune plant materials so that all traffic control signs are clearly visible to approaching drivers. • Contractor must notify the City immediately of any unusual and hazardous conditions in the work site. • Contractor must notify City within one (1) hour of malfunctioning facilities or conditions that may break, malfunction, or interrupt the public's use of City sites. • All insects, plant, turf diseases and other like pests shall be controlled by the Contractor. Any control measures should be approved first by the Parks and Trees Maintenance Superintendent with written recommendations from the Contractor's Pest Control Advisor. All rodent activity shall be eradicated as soon as possible. Particular attention to burrowing rodents is necessary to protect the site. • All animal feces or other materials detrimental to human health shall be removed from the landscapes immediately.I • All broken glass and sharp objects shall be removed immediately. • All sand and wood chip areas abutting maintained areas shall be cleaned when dirtied by Contractor's operations and at other times as required. • Trash cans provided by the City shall be inspected daily and emptied as needed and washed after emptying (when necessary) or as determined by the Inspector. Contractor shall provide plastic liners for all trash cans at Contractor's expense. I RFP Landscape Maintenance Page A -10 27 • All concrete "V" drains, to include the portion under the sidewalk, shall be kept free of vegetation, debris and algae to allow unrestricted water flow. • All other drainage facilities shall be cleaned of all vegetation and debris. All grates shall be tested for security and refastened as necessary. Missing or damaged grates shall be reported to the City. 4.25 Specific Landscape Maintenance Requirements Drainage Facilities • All drainage structures i shall be checked and cleaned monthly or as needed to insure consistent unrestricted water flow. • Any damage to structures shall be noted immediately to the Parks and Trees Maintenance Superintendent. • Failure to properly maintain drainage systems or to notify the Parks and Trees Maintenance Superintendent of damaged systems will result in the contractor assuming full responsibility for the repair of drainage damage to the site. 4.26 Irrigation System Maintenance • The Contractor shall maintain the complete sprinkler system in an operable condition in those locations where operable systems exist. This includes but is not limited to controllers, backflow devices, flow sensors, master valves, manual and remote control valves, wiring, pipes, vaults, heads, and anti -drain valves. The Contractor shall not be responsible for the water meter assembly except as helshe may cause damage to these items. • Repair and adjust all sprinkler heads to maintain proper and uniform water application. The Contractor will adhere to all State, County, and local regulations accordingly. • Adjust water application (both manual watering and by adjusting the irrigation controllers) to compensate for changes in weather. Contractor will be responsible for damages occurring due to under- watering or over - watering. • Contractor must turn I off irrigation systems during rain and turn systems back on when appropriate. • All replacements to be made with original type material or as directed. • Material substitutions must be approved by the Parks and Trees Maintenance Superintendent. • Necessary irrigation repairs shall be made prior to the next scheduled irrigation cycle. All repairs shall be made in accordance with City of Newport Beach standard irrigation specifications (Attachment A Section, 10). • Irrigation replacement materials (old parts), such as, but not limited to: irrigation RFP Landscape Maintenance Page A -11 '% valves, UNIK controllers, stream rotors, Solenoids, Add -A -Zones & diaphragm repair kits shall be provided to the City inspector for verification. • Irrigation programming charts will be included in each monthly report. • Areas that require irrigation will have such accomplished no earlier than 11:00 p.m. or later than 6:00 am. • Contractor will maintain flow sensors and master valves at all sites at which such a unit is installed. • Turf shall be regularly mechanically trimmed around sprinkler heads to insure the proper operation of the system. • Irrigation systems shall be thoroughly inspected by operating all control valves and checking for proper coverage, leaks, valve actuation, proper timing, and other operational conditions. Such inspection shall be made weekly. However, the contractor shall be responsible for the proper operation of the system at all times and shall provide for obvious repairs as they occur or are needed. A Weekly l Irrigation Tracking Worksheet shall be submitted to the City inspector, specifying locations, controller numbers, date of inspection, and type of repairs made. • City shall reimburse! Contractor for the actual cost, plus 15 %, of all irrigation materials installed by Contractor in the performance of contract services. Actual cost shall be the best price available to Contractor including all applicable discounts. Contractor shall provide City with a schedule of typical costs of irrigation parts, plant materials and other commonly used items within thirty (30) days from the date of this Agreement and within thirty (30) days of each anniversary of the Commencement Date. Contractor shall retain records reflecting the actual cost of parts or materials used and the performance of services required by this Agreement. • City reserves the right to purchase material or parts and make same available to Contractor. City shall notify Contractor of its intention to do so seven (7) days prior to Contractor's obligation to use City provided parts and/or materials. Contractor shall secure, store, inventory, distribute and control all materials or parts provided to Contractor by City. Contractor shall make all materials and inventory available to the City upon request. Repair/Replacement • The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to City equipment and property and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, except such losses or damages as may be caused by City's sole negligence or willful misconduct. • Contractor shall advise the City Administrator of any damage to City equipment or property immediately upon becoming aware of the damage. • Contractor shall repair, at its sole cost and expense, any damage to City equipment or property caused by Contractor or its agents, employees, representatives or officers. • Contractor shall repair' damaged irrigation pipes, controllers and valves only after the City Administrator has approved a written estimate of the cost of repair. RFP Landscape Maintenance Page A -12 `CAI .• Contractor shall, at its sole cost and expense, replace all plant materials (including shrubs, ground cover, mulch and bark) which requires replacement due to the failure of Contractor to properly perform the services required by this Agreement or has been damaged by the acts of Contractor or its employees. Contractor shall replace plant materials damaged or destroyed by the acts of others only after the City Administrator approves a written estimate of the costs of replacement including I materials and labor costs." 4.27 Water Conservation Contractor shall appoint a ;staff member to act as the Water Manager. Contract personnel performing water management duties shall have the following abilities and must meet the following requirements. 4.27.1 Abilities • Meet Irvine Ranch Water District Landscape Irrigation Guidelines and monthly water allocations. • Maintain a healthy landscape. • Calculate evapotranspiration (ET) rates to GPM. • Maintain all landscapes in a usable condition (no flooding due to over - irrigation). • Troubleshoot and diagnose irrigation systems and take corrective action. 4.27.2 Requirements • The Water Manager shall program all controllers weekly according to the Irvine Ranch Water District allocation. The Water Manager shall notify the Contractor or City Representative of all required repairs. • The Contractor shall meet the Irvine Ranch Water District (IRWD) monthly water allocations for each meter on all landscape applications. Maintain healthy plant material, and avoid monthly IRWD penalties. 4.27.3 Damages for Water Management • Should the contractor exceed the IRWD allocation, all penalty charges for water used above the allocation will be deducted from the contractor's monthly billing. • Deduction shall exclude all approved appeals, such as failures. • The City's Representative shall meet monthly with the Contractor's Representative and the Contractor's Water Manager to review over allocation water billing to determine which water billing appeals are to be approved and which are to be waived. • Over - allocations that I do not qualify for appeal or have not been waived will be deducted from the Contractor's monthly payment. RFP Landscape Maintenance Page A -13 30 418 Turf Maintenance 4.28.1 All turf is to be mowed once per week. • Frequency or mowing lshall be scheduled so that no more than one -third (1/3) the height of the grass plant is removed. • Borders shall be edged lat each mowing. • Clippings shall be collected and removed unless otherwise directed by the City. • Mechanically trim around sprinklers as needed to provide proper and unobstructed irrigation. The cutting of holes around sprinkler; shall not be permitted. • Chemically kill turf around trees, as needed, a maximum of eighteen inches from the tree base or as directed by the City. If a tree wound is present then hand trimming is required. A 2" layer of bark mulch shall be maintained in this area a minimum of six inches from the trunk at all times. • Mechanically trim around vaults, posts, and other similar features on a weekly basis. • Mowing equipment shall be approved by the City. Equipment must be sharp and properly adjusted to avoid damage to the turf plant. plant. • Pick up all litter prior to mowing. 4.28.2 Mow turf to the following heights: • Warm season turf grass — % to 1 '/a inches. Bermuda grass —'h to % inches. • Cool season turf grass) including bluegrass, perennial rye, fescues —1 'h to 2'h inches. • Kikuya and St. Augustine turf grass —1 Y to 1 % inches. 4.28.3 Vertical mowing of warn season grasses shall be done once per year in March. • Depth of cut shall be sufficient to remove thatch without damaging crown of turf • Cool season grasses shall be renovated to remove thatch annually as directed. 4.28.4 All turf shall be fertilized three times per year using a homogenous, pellet or granular slow release material. City must approve the material used. Apply at the following rates and time: • February: 22 -3 -9 or equivalent fertilizer at one pound actual nitrogen per 1,000 square feet. • June: 21 -3 -5 or equivalent fertilizer at one pound actual nitrogen per 1,000 square feet. RFP Landscape Maintenance Page A -14 31 • October: 16-4 -6 or equivalent fertilizer at one pound actual nitrogen per 1,000 square feet. • Material shall be applied using a rotary type spreader, ensuring uniform overlap. All excess fertilizer deposited on sidewalks, parking lots, gutters, and other handscape areas shall be properly cleaned and removed. • The Contractor shall perform a soil fertility at ten (10) individual sites as directed by the City in the month of December and review the analysis with the City representative in the month of January. • All materials must be approved by the Parks and Trees Maintenance Superintendent. Quantities used must be submitted to the Parks and Trees Maintenance Superintendent on a "Monthly Fertilizer Use Report". 4.28.5 Appropriate fungicide, weed control, and insecticide materials shall be applied to all turf areas throughout the year on a curative basis. • Turf areas must be maintained in a weed -free basis. • Chemical control of broadleaf weeds shall be initiated twice a year or as needed on all turf. • The pest control operator shall post areas to be treated per label requirements and be present on the treated sites until the chemical has dried. 4.28.6 Aerate all turf areas as often as required (minimum of twice per year, between April 1 and May 15 and between September 1 and November 1). • Aerate all turf with a mechanical aerator set with %a inch core spoons at not more than 6 inch spacing and a minimum depth of 4 inches. • Remove and dispose all cores. • Contractor is responsible for locating and marking all sprinkler components. • Contractor is responsible for damages as a result of aeration operation. • Irrigate as necessary to maintain proper growth rate, optimum appearance, and the health of the turf plant. • Irrigation must be scheduled to avoid either under - watering or over - watering. • Manually water where necessary, however it shall not impact the public. • Check operation of irrigation weekly, or more often when conditions warrant, ensuring proper operation of irrigation system. 4.28.7 Control all rodent pests as necessary to provide a healthy and safe environment for plants and public. RFP Landscape Maintenance Page A -15 32 • Visually check all turf areas on a weekly basis for pest, fertility, irrigation, damage, and other needs, correct as necessary. • Scheduling of mowing'and turf care maintenance times will be approved by the City. Attention to public use will dictate schedules, and noise levels will be kept to an acceptable minimum at all times. 4.29 Planter /Ground Cover Maintenance • All ground cover areas 'shall be maintained in a trimmed, weed free condition. • Weeds shall be removed as they appear. No hoeing or scuffing weeds allowed. Chemically control or manually remove them by the roots. • Pre - emergent herbicide will be used three times a year where appropriate in shrub and ground cover beds, and as approved by the City. Pre - emergent quantities shall be provided on a use report for the month. • Morning glory and grass infestations shall be treated immediately when observed. • Groundcover areas shall be fertilized twice per year, once in March and once in October with JTM complete fertilizer at a rate of 10 -15 pounds per 1,000 square feet. • Trim and edge as necessary to restrict growth from encroaching on sidewalks, curbs, turf areas, roadways, or other adjacent areas and plants. Growth retardants may be used as approved by the City. • Irrigate as required to maintain adequate growth and reasonable appearance. Manually water or water truck water where necessary. • Control pests, including insects, fungus and rodents, as necessary to maintain a healthy environment for plant growth. • Bare ground cover areas shall be kept cultivated and raked of all debris. • Bark mulch should be replaced in all planters to ensure a 2 -inch layer at all times, at contractor's expense. 430 Shrub, Vine, and Tree Maintenance Shrubs shall be maintained in a safe and reasonably trimmed appearance by proper shaping and pruning to promote the plant's natural character. • Bi- monthly trim all shrubs to maintain the size and shape specified by the Parks and Trees Maintenance Superintendent. • Pruning shall be accomplished to maintain a `natural" appearance; decorative, poodle cuts or other unnatural pruning will not be permitted. Bevel edges, no hard edges will be permitted. • Control all pests as required, including snails and insects. RFP Landscape Maintenance Page A -16 33 • Remove all dead, diseased, or damaged branches back to a side branch. Do not leave branch stubs. • Application of an iron chelate fertilizer or balanced fertilizer shall be made as needed throughout the year to maintain a healthy, vigorous growth and foliage. • Irrigate as required to maintain adequate growth and appearance. Manually water or water truck water where necessary. • Careful attention not to prune or trim shrubs prior to blooming shall be made. At the conclusion of blooming of plants such as raphiolepsis, all blooms shall be trimmed off or otherwise removed. Flower stalks s on agapanthus, day lilies, mores, and other similar plants shall be removed immediately after blooming or as directed by City. • All bare shrub bed areas shall be raked weekly to remove all litter and other debris. • Growth of woody plants shall be encouraged except where it interferes with circulation, maintenance activities, roadways, drainage facilities, fence lines, or other structures. Dead branches of plants shall be removed regularly. • Trim plant material regularly adjacent to curbs, sidewalks, and roadways to provide for proper, unobstructed circulation. • Bark mulch should be replaced as necessary. • All plant material will be trimmed to protect property owners' ocean views, bay views, vistas, etc., as needed or as directed by City staff. For Newport Coast areas, an Annual Trimming maintenance schedule'shall be provided to the City that includes a rotation of at least two trimming cycles per year. • Weeds shall be removed as they appear. A pre - emergent herbicide will be used three times a year where appropriate around shrubs, vines and trees, and as approved by the City per ground cover maintenance( Attachment A, Section 7). • Contract responsibility covers trimming all trees up to twelve (12) feet. Trees shall be trimmed as necessary to maintain adequate pedestrian and vehicle traffic and to provide clearance from buildings, signs and other similar features. • Remove all suckers from base of trees as they develop throughout the year. • Stake and support trees as necessary. Staking and guying shall be as directed by the City. Staking materials shall be supplied by the contractor at their sole expense. • All tree guys, des, and stakes shall be checked regularly to avoid girdling and damage. • Contractor to stake or otherwise support trees during inclement weather and remove branches and other debris generated by such weather. • Inspect each site forl dead or dying trees, broken, cracked, or hanging branches or RFP Landscape Maintenance 1 Page A -17 tM other hazards. Immediately notify the Parks and Trees Superintendent if any of the above conditions exists. • Except for emergency removal, no tree/shrub shall be removed without prior direction or approval of the City. Trees /shrubs badly damaged and in need of replacement shall be brought to the attention of the Parks and Trees Superintendent. • Water as required to maintain proper and vigorous growth according to variety. Manual water or water truck water where necessary. • Tree wells shall be maintained with 2 inches of bark mulch unless ground cover is present. Weeds shall be removed, including their roots, before they reach 3 inches in height. • All trees shall be fertilized once per year with tree fertilizer spikes approved by the City. • All palms shall be fertilized three times per year with Palm Plus fertilizer in March, June, and October. • Complete pruning, heading back, lacing out, or removal will only be done at the direction of the City and at the prescribed unit price. All such pruning shall be made in accordance with current International Society of Arboricultural techniques and practices that promote the natural character of the tree. • All pruning shall be done with clean, sharp tools appropriate for the intended work. Cuts shall be made sufficiently close to the parent limb, without cutting into the branch collar or leaving a stub, so that closure can readily start under normal conditions. 4.31 Water Truck Operations • Water truck to start operations no later than 4:00 a.m., so as not to conflict with early morning traffic. The City may require certain sites be scheduled after 7:00 am. • The Water Truck Operator is a separate driver to the contract, utilized as many days as needed to maintain adequate soil moisture level and healthy appearance of landscapes. • Record and submit the weekly water usage for water truck sites, using supplied water meter. 4.32 Hardscape Maintenance. During each site visit, concrete (including stamped concrete) and asphalt areas, including turn pocket fingers, driveways, perking areas, sidewalks, patios shall be checked and cleaned. • All expansion joints and cracks are to be maintained free of weeds. • Dirt, litter, and other debris must be removed on a weekly basis. • Inspect for safety hazards, including tripping hazards, holes, or other conditions. Immediately report such to the Parks and Trees Maintenance Superintendent. RFP Landscape Maintenance Page A -18 Fell • Vacuums, blowers, sweepers or other approved means may be used to clean hardscape areas. However, debris shall not under any circumstance be blown or otherwise swept onto adjacent streets or property. All debris must be picked up by the Contractor and removed from the site. Any equipment that is used for cleaning hardscape must be approved by the City. 433 General Grounds Policing 4.33.1 The Contractor shall provide general grounds policing and inspection six days per week June 1 through September 30 and five days per week October I through May 31. • Remove all litter and other debris from sites five days per week. • Grounds policing on alliholidays shall be provided. • Staffing for the weekend ground policing shall be in addition to those outlined in Attachment A. No flex schedules will be permitted. • If refuse or litter is rot removed during site visit, said litter or debris will be considered an emergency and removed immediately upon notification by the City. Failure of said removal may result in deduction of payment for that date, week, or month. 4.33.2 Provide safety and facility inspection and immediately report any deficiencies to the Parks and Trees Maintenance Superintendent. Contractor shall be responsible to report below standard conditions of all structures and fixtures, including but not limited to: • Light standards and fixtures • Walls, fences, gates • Signage • Graffiti 4.34 Hardscape Areas 4.34.1 General: (Applies to all hardscape maintenance areas) • All hard surface areas shall be inspected weekly for uplifts and/or tripping hazards. All uplifts and/or tripping hazards shall be barricaded immediately and the City notified verbally within two (2) hours and by written memo within twenty-four (24) hours. • All animal feces or other materials detrimental to human health shall be removed from sites immediately. • All broken glass and sharp objects shall be removed immediately. • All areas shall be inspected six days per week and maintained in a neat, clean and safe condition at all times. • All areas shall be raked to remove leaves and debris five days per week. RFP Landscape Maintenance Page A -19 36 • All amenities within hardscape areas, including but not limited to benches, tables, trash receptacles, and play equipment, shall be inspected for vandalism, safety hazards and serviceability daily. Deficiencies shall be reported in writing immediately to the City • All leaves, paper and debris shall be removed from hardscape areas and disposed of offsite. 4.35 Drinking Fountains • Inspect, clean, adjust weekly. • Report any deficiencies to the City immediately in writing. 4.36 Disposal At least 100% of all landscape debris will be disposed of through a landscape material recycling center or reused in some manner. The Contractor shall dispose of all cuttings, weeds, leaves, trash, and other debris from the operation as work progresses. The City shall not be responsible for the disposal. Contractor shall pay all disposal fees and provide documentation evidence of recycling to include location, tonnage, etc. on a quarterly basis to the City. Such reports are due to the City by 30 days after the end of each calendar quarter. i 4.37 Native and Drought Tolerant Plant Maintenance 4.37.1 These requirements are in addition to the above written Technical Maintenance Specifications: • All native and droughty tolerant plant material at these sites will be maintained in their natural shape. All dead wood for natives will remain on the plant or where it has fallen. • The areas shall be maintained weed -free. Only manual pulling or mechanical cultivation of non -native weed species will be allowed. Use of pre - emergent herbicides are prohibited in these areas. • The contractor's maintenance personnel will be trained to distinguish weedy plant species from native or drought: tolerant vegetation to ensure that only weedy species are removed. • All weeds will be removed manually before they can attain a height of six inches (6 ") or produce seeds, whichever comes first. • Pulled weeds will be placed in a "mantilla" to prevent the seeds from coming in contact with the ground and removed from the project site during maintenance. • Leaf and branch drop and organic debris from native species shall be left in place. • At several times during the year, especially during the rainy season (November — May ), the contractor will ensure there is sufficient staff to accommodate manual removal of all weeds throughout the sites. I • The staffing necessary to accomplish the above weeding, shall not delay RFP Landscape Maintenance Page A -20 37 maintenance frequencies in other areas (i.e. turf, groundcover, and shrub maintenance). The City may require additional staffing above those outlined herein if delays are observed. RFP Landscape Maintenance Page A -21 M Section 5: Minimum Staff Requirements At a minimum, Contractor shall provide, in addition to one (1) full -time supervisor, twenty -five (25) full -time positions, as depicted in the below table: # Positions Work Performed Required Vehicle Location (1) Supervisor (2) Fully stocked trucks All Contract (2) irrigation Technicians Include Irrigation Maintenance with irrigation controller Sites Except remotes for Raimnaster Newport Coast Include Irrigation (1) Fully stocked truck with Newport Coast (1) Irrigation Technician Maintenance irrigation controller remotes Sites for Rainmaster (1) Mow Crew Driver Mowing / Turf (1) Crew cab truck All Contract (3) Mow Crew Laborers Maintenance Sites (1) Detailed Maintenance i Detailed Oasis Senior Center and Laborers Maintenance NCCC (2) Detailed Maintenance Detailed (2) one -ton stake bed trucks All Contract Sites Except Drivers/ Leadpersons Maintenance or equivalent Newport Coast (4) Detailed Maintenance Detailed All Contract Laborers Maintenance Sites Except Newport Coast (2) Detailed Maintenance Detailed 2) one -ton stake bed trucks Newport Coast Drivers /Leadpersons Maintenance or equivalent Sites (6) Detailed Maintenance Detailed Newport Coast Laborers 1. Maintenance Sites General litter control (2) one -ton stake All Contract (2) Trash Patrol Drivers refuse removal, bed trucks or Sites and grounds policing equivalent (1) Pest Control Operator Pest Control Fully stocked spray truck All Contract with a valid QAL from the Operations with a minimum 100 Sites State of California gallon tank. The City reserves the right to increase minimum staffing based upon additional acres being added to this contract. RFP Landscape Maintenance Page A -22 39 Section 6: Required Reports 1. Annual Maintenance Schedule. 2. Daily email with site locations of crews and numbers assigned at each site. 3. Weekly Detailed Maintenance and chemical use schedules. 4. Weekly Performance Report 5. Weekly Chemical Use Report. 6. Monthly Fertilizer Use Report. 7. Annual Proposed Pesticidel List with EPA numbers (including PCA recommendations, pesticide labels, Material Safety Data Sheets). 8. Weekly irrigation inspection check list (to include controller and site inspection for all sites and a list of any repairs required). 9. Monthly irrigation controller programming charts. 10. Monthly maintenance inspection list for all sites performed by the contractor Supervisor. 11. Annual pesticide safety training records. 12. Monthly tailgate safety meeting records. 13. Monthly Performance report. 14. Monthly green waste recycling report. 15. Water truck schedule and weekly water usage record. 16. Monthly pest control inspection list for all sites, performed by a Qualified Licensed Applicator. I RFP Landscape Maintenance Page A -23 W Section 7: Maintenance Frequency Schedule FUNCTION FREQUENCY Irrigation Inspection Weekly Turf Maintenance Mowing Once/Week Edging At each mowing Clipping Removal At each mowing String Trimming At each mowing Fertilize Three times/ ear Vertical Mow Once) ear Aerate Twice/ ear Pest and Weed Control As needed Visual Inspection Weekly Chemical Weed Control Twice/ ear Ground Cover Maintenance Trim Monthly Fertilize Twice/ ear Pest and Weed control As needed Visual Inspection Weekly Pre-emergent herbicide Three times/ ear Shrub Vine, and Tree Maintenance Trim Six times/ ear Fertilize Twice/year (oncelyear for trees) three times/ ear for alms Restake/Check Each site visit/every two weeks min. Visual Inspection Weekl Pre-emergent herbicide Three times/ ear Hardsca a Maintenance Five 5 days/week Grounds Policing/Litter Removal Six (6) days/week, June I through September 30 Five (5) days /week, October 1 through May 31 RFP Landscape Maintenance Page A -24 41 Section 8: Maintenance Frequency Schedule For Utility Sites SITES FUNCTION FREQUENCY Big Canyon Reservoir Turf Maintenance As directed by City staff, Flail Moving approximately six/year (may differ based on seasonal ffowth) Ornamental Landscape Ground: Cover Maintenance, Shrub, Sites: Vine and Tree Maintenance Pump Station, Santa Barbara Dr. Visual Inspection Bi weekly Pump Station Goleta Point Dr. Irrigation Inspection Bi- weekly Tamura Well Site Trim Bi- weekly Dolphin Well Site Fertilize Twice/year (oncelyear for trees) Big Canyon Reservoir (along Pacific View Dr.) Pest and Weed Control Check/Restake As Needed Pre- emergent herbicide Once a year Mulchin g Maintain ongoing 2" minimum Each site visit/ every two weeks Hardsca a Maintenance min. Each site visit/ every two weeks Ground Policing/Litter Removal min. Oil Wells and Big General Maintenance Canyon Reservoir pest and Weed Control Monthly (interior) Grounds Policing/Litter Removal Monthly Irrigation Inspection Monthly Trim Three/year Fertilize Oncelyear RFP Landscape Maintenance Page A -25 rya Section 9: Map of Landscape Maintenance Areas To view Interactive Mapping Site please visit: i ho:Hgis nmWrtbeichca eov/ gisnub /mediansroadsides /default.Mx- To zoom into the map use the zoom slider or your mouse wheel. To pan, left click and drag on the map. The layers on the left can be toggled on and off. To download atlas book: h!W://www.nemMortbeachca.p-ov/giscatalog/LandMeMediarLMVbook/ RFP Landscape Maintenance Page A -26 Del Section 10: Standard Materials All material used in maintenance must conform to the products listed below. Any deviation from the approved list must be approved by the City of Newport Beach before installation. Any item not mentioned in the Standard Materials list must be approved by Parks and Tree Maintenance Superintendent. Standard Irrigation Materials List: Heads Toro 570Z-PRX -COM with Precision Series Spray Nozzle (small turf areas) Rain Bird 3500 (small / medium turf areas) Rain Bird 5000 (medium turf areas) Toro TR50XT (mediumllarge turf) Toro TR70XTP or Toro 2001 (large turf areas) Toro 570 - PRXCOM with Precision Series Rotatin Nozzle (slopes & ground cover areas) Rainbird RWS Series (tree wells) Controller Rain Master Evolution DX2 irrigation controller with flow, radio & antenna Drip and specialized low- volume irrigation Rain Bird Xerigation Jardinier Surface Flow Irrigation ! Toro Precision Series Rotating Nozzle Battery Powered Irriestion Toro DDCWP Battery Powered Controller Miscellaneous Feboo 825Y RP Backflow Device Spears # DS -100 Dri-Splice Connectors with crimp sleeves Spears # DS -300 Dri -Splice Sealant Rain Bird #44 or #33 Quick Coupler Valve with Vinyl Cover Griswold DW Series Valve (Control Valve) Griswold DW Series Valve with DC latching solenoid (use with battery powered controller) Griswold 2160 Solenoid Valve (Normally Open Master Valve) Griswold 2000 Solenoid Valve (Normally Closed Master Valve) Mateo 754 Series Full Port Ball Valve Schedule 40 PVC Lateral Pipes RFP Landscape Maintenance Page A -27 MIJ Class 315 Main Supply Pipe (2" and larger) Schedule 40 PVC Main Supply Pipe (1 -1/2" and smaller) Rectangle Valve Box - Plastic -18 "L x ITV x 12 "D Round Valve Box - Plastic -10" Control Wire- U.F. 600 -Volt Direct Burial Copper with PVC Insulation. Rain Master EVFM Flow Sensor Turf Fertilizers. Etc. All commercial fertilizers must be homogenous. All organic fertilizer; must have lowest salinity rate possible. No steer or chicken manure is allowed. All fertilizers, planting medium, humus material, etc. must be City approved. Plant Stock All selection and condition of the plant material of plant stock, seed, sod, trees, shrubs, annuals and perennials, flowers, and ground covers must be approved by the Parks and Trees Maintenance Superintendent before planting. Pesticides All pesticides proposed to be used must be submitted to City with application location and written recommendation from the Contractor's Pest Control Advisor prior to use. All materials must be properly labeled and certified for intended use. Proper and legal disposal of any and all pesticides used is solely the responsibility of the Contractor. All state, county, and city laws regarding pesticide use and disposal must be followed. RFP Landscape Maintenance Page A -28 H1 Section 11: Irrigation Information Medians RFP Landscape Maintenance Page A -29 46 Irrigation _Ma`ffuaii I Wate�t Tiuck+ ! — _ N� �Jrri atiom, IrcigatiOnT Not �O eralai Automate_'di -' ._drrl atlonl , —j G Street X Balboa Blvd X Balboa Blvd - Medina Way to 21st St. 1 X Balboa Blvd - Medina Way to 21stSt. 2 X X McFadden Interchange Medians X Villa Way X 29th Street X M Street Median X Via Lido - Newport Blvd to Via O erto X Newport Blvd X Via Lido X Clubhouse X Finley X Balboa Blvd - Coast Hwy to 32nd Street X Superior Ave north of Coast Hwy X Newport Blvd- Coast H to Industrial Way X. X Coast H - Santa Ana River 10 Newport Blvd X Coast H - Mariners Mile X St. James Road X Kings Place X Margaret Drive between Tustin and Irvinve X X Westcliff Drive - Irvine Ave to Dover X X Triangular median - Westcliff X Dover X Dover Drive - Westcliff to Coast Hwy X X Irvine Ave - Westcliff to Dover X Irvine Ave - Dover to Holiday Road X Irvine Ave - Santiago to University X Jamboree Road - Bristol to Coast Hwy X University Drive - Jamboree to MacArthur X Vista Del Sol X Ford Road - Jamboree to San Miguel X San Miguel - Ford Road to Avocado X San Joaquin - Spyglass to Backbay Road X Coast H - Dover to Newport Coast Drive X MacArthur at Coast Fla X El Paseo Drive X Avocado - Waterfront to Coast Hwy X X Corinthian Way - West of MacArthur Blvd X Newport Place Drive - West of MacArthur Blvd X MacArthur Bvld - North of Jamboree X Jamboree Road - Bristol to Campus Drive X Balboa Blvd at A Street X MacArthur Blvd - Coast Hwy to Bison X RFP Landscape Maintenance Page A -29 46 Roadsides RFP Landscape Maintenance Page A -30 MA Irrigation Manuall Wat_`en I iT,[uck, No] 'Irri'atlom i Irrl gallon) LO Not �e`rable) �Automatedl IF ath5h _. Bonita Canyon Road - MacArthur Blvd to Hwy 73 X Park Ave X Cannery Village Parking Lot X 281h and 30th Street Parking Lots X X McFadden Parking Lot X X 19th Street, street end - ba side X Marina Park Parking Lot X 13th Street, street end - ba side I beach X 12th Street, street end - ba side I beach X 11 th Street street end - ba side I beach X "F" Street, street end - ba side I beach X X Palm Street Parking Lot X Miramar Drive and Balboa Blvd X "I" Street, street end - ba side X X "L" Street, street end - oceanside X X "M" Street, street end - oceanside X X Via Oporto X Central Parking Lot X Short Street X Newport Blvd Roadside X OCTA Bus Stop - Balboa Blvd X 46th X OCTA Bus Stop - Balboa Blvd X River X Newport Island entrance X 37th - Olive Street, street ends off Seashore X Prospect Street, ends off Seashore X Orange Street, ends off Seashore X Summit Street planter X Ca 's trail I bench area X X West Coast Hwy Roadsides X Superior X Coast Hwy Parking Lot X N.W. Quadrant - Newport Blvd X Coast Hwy X S.W. Quadrant - Newport Blvd X Coast Hwy X S.E. Quadrant - Newport Blvd X Coast Hwy X Newport Blvd Roadsides X X Mariners Mile Parking Lot X Rocky Point I Pelican Wall X Dover X Westcliff X Coast Hwy Bayshore Soundwall X OCTA Bus Stop - Ba shore Drive X Coast Hwy X Dover Drive Arterials - Westcliff to Mariners X Dover Drive Arterials - N Irvine Ave to Mariners X Dover Drive Arterials - S Irvine Ave to Mariners X X Westcliff Drive Arterial Groves X Westcliff Drive X Santiago X RFP Landscape Maintenance Page A -30 MA Roadsides continued RFP Landscape Maintenance Page A -31 Irrigation Manuait Water, Tuck I !No) 1 ilrrl atidnl Irdgatiom Not? L O"6lei f Automatedl Grl atidni _ �lA�eai Groves Bike Trail X Irvine Ave Arterial North of Private Road X Tustin Avenue street end X Port Dunbar Drive Roadside X Spyglass Hill Road Roadsides X San Joaquin Hills Road Roadsides X Coast H - Seaward to Cameo Highlands X X Centennial Plaza X Larkspur Street End X X Jasmine Street End X X Fernleaf Ramp X Ba side Drive - Jamboree to Marguerite X X Coast H - Jamboree to Avocado X Coast H - Bayside Drive to Jamboree X Jamboree - Coast Hwy to Ba side X Promentory Bay Plaza X Promentory Point and Channel Walk X Balboa Island Entrance X Balboa Island - Grand Canal Bride X MacArthur Blvd - Coast Hwy to San Miguel X Balboa Village, Balboa Pier Parking Lot X Entrance to Collins Island X Big Canyon Reservoir along San Mi uel X West side of Dover - Coast Hwy to Cliff Drive X Castaways Blufflop Trail X Bayview Way - Across from Fletcher Jones X Polaris slope across from Westcliff Park X Lido /Peninsula Gateway Roadside at Newport Blvd x Via Lido /Short Street X RFP Landscape Maintenance Page A -31 EXHIBIT B SCHEDULE OF BILLING RATES 49 PARK WEST LANDSCAPE MAINTENANCE, INC. Page B -1 ATTACHMENT B Section 1: UNIT PRICES A The Contractor agrees that for requested and/or required changes in the scope of work, Including additions and deletions on work not performed, the Contract Sum shall be adjusted In accordance with the following unit prices, where the City elects to use this method in determining costs: B. Contractor Is advised that the unit prices will enter into the detemation of the caontract award Unreasonable prices may result in rejection of the entire bid proposal. Unit prices listed below refer to all items installed and the Construction Documents and include all costs connected with such items; including but not limited to material, labor, overhead, and profit for the contractor. C. All Planting unit prices shall include appropriate amounts of soil amendments and ferfigzer tabs. D. The unit price quoted by the Contractor shall be.those unit prices that will be charged or credited for labor and materials to beprovided regardless of the total number units and/or amount of labor required for added or deleted items of work E. All work shall be performed In accordance with specifications described in the RFP. FUNCTION COSTIUNIT OF MEASURE TURF Turf Mow -Reel Blade Turf Mow -Rotary Blade Turf Mow and Clippings Picked Up Turf Edge Turf String Trim Turf Chemical Edge 6" Swath Turf Chemical Edge 12" Swath Turf Aedfy Turf Fertilize Turf Dethatch/Renovate Turf Sweeping Flag Mow of Natural Areas NARDSCAPE Cleaning and weed abatement $1.50/1000 Sq. Ft. $1.2011000 Sq. Ft $2.0011000 Sq. Ft $2.00 /1000 Linear Ft $1.50 11000: Linear Ft. $5.0011000 Linear Ft $10.0011000 Linear Ft $3.0011000 Sq. Ft $8.5011000 Sq. FL $1500 /Acre $15.0011000 Sq. Ft $600 /Acre $100.00 /1000 Sq. Ft. 50 GROUNDCOVERS Mow $2.0011000 Sq. Ft Edge $2.00/1000 Linear Ft. Fertilize $8.50/1000 Sq. Ft PEST CONTROL Turf Dlseasefinsect spray Boom Application $15.00/1000 Sq. Ft Hand Application. $25.0011000 Sq. Ft Turf Broadleaf Spray $20.00 /Shrub Boom Application $15.0011000 Sq. Ft Hand Application $25.00/1000 Sq. Ft Gnwndcover disease/insect spray $15.0011000 Sq. Ft Shrub diseasennsect spray $15.0011000 Sq. Ft Soil Stenlant Applicant $25.0011000 Sq. Ft. Turf Pre- Emergent $15.0011000 Sq. Ft Landscape Planter Weed Control $15.0011000 Sq. Ft, General Weed Control Post Emergent $15.0011000 Sq. Ft SHRUB PRUNING 1-4 Feet, Lacing $10.00 /Shrub 14 Feet, Hedging $3.50 /Shrub 4 plus Feet, Lacing $20.00 /Shrub 4 Plus Feet, Hedging $5.00 /Shrub TREE PRUNING Up to 12 Feet $35.00/Tree PLANTING 1 Gal. Shrub $8.50 /Each 5 Gal. Shrub $24.00 /Each 15 Gal. Shrub $95.00/Each 15 Gal. Tree with root barriers $116.00/Each 24" Box Tree with root barrIOrs $ 285.00/Each 36" Box Tree with root barters $ 850.00/Each 64 Count Flat Groundcover $21.00/flat 16 Count 4" Flat Annual Color $26.00111at Turf- seed;and Top Dress $85.00/1000 Sq.. Ft Turf-Sod $1200.0011000 Sq. Ft Mulching (0-2") 2" depth $250.0011 000 Sq. Ft Mulching (0-2") 2" depth $42.00Nard 51 LABOR Landscape Maint Laborer $24.00/Hour Landscape.Maint Leadworker $35.0011-four Landscape Maint Supervisor $65.00/Hour Irrigation Specialist $45.00 /Hour Pest Control Applicator $40.00 /Hour Tree Trimmer $45.00/Hour Equipment Operator $65.00Mour NEW AREAS Yearly Sq. Ft. for new median $.12/Sq.FtNear Yearly Sq. Ft for roadside $.12/Sq.FL/Year Yearly Sq. Ft. for NPC sites $.12/Sq.FtJYear Yearly Sq. Ft. for utility sites $.12/Sq.FtJYear EQUIPMENT Full size 1 -Ton Truck $ 650.00/Day Flail mowing at Big Canyon Reservoir $ 1800.00 /Service 52 REFERENCE TABLE: BID UNIT LIST WITH MAP LOCATION NUMBERS NO ° • 1 Newport Blvd. - PCH to Industrial Way Median Hardscape 44475 1.02 4617 1 • Newport Blvd. - PCH to Industrial Way Median Landscape 28725, 0.66 2982 2 Newport Blvd. Roadsides Roadside Hardscape 2G94 0.06 280 2 Newport Blvd. Roadsides Roadside Landscape 266106 6.11 27623 3 N.W. Quadrant - Newport Blvd. X PCH Roadside Hardscape 31686 0.73 3289 3 N.W. Quadrant- Newport Blvd. X PCH Roadside Landscape 119178 2.74 12371 4 1N.E. Quadrant - Newport Blvd. X PCH Roadside Hardscape 38222 0.88 3968 4 N.E. Quadrant - Newport Blvd. X PCH Roadside Landscape 33901 0.781 3519 5 S.W. Quadrant - Newport Blvd. X PCH - Roadside Hardscape 14348 0.33 1489 5 S.W..Quadrant - Newport Blvd. X PCH Roadside Landscape 27255 0.63 2829 6 S.E. Quadrant - Newport Blvd. X PCH • Roadside Hardscape 10159 0.23 1055 6 S.E. Quadrant - Newport Blvd. X PCH Roadside - Landscape 17209 0.40 1786 7 PCH - Santa Ana River to Tustin Ave. . Median • Hardscape 62435 1.43 6481 7 PCH - Santa Ana River to Tustin Ave: Median Landscape 25905- 0.59 2689 8 PCH - Santa Ana river to Newport Blvd. Roadside Hardscape 85533 1:96 8879 8 PCH - Santa Ana river to Newport Blvd. Roadside Landscape 51463 1.18 5342 9 Cappystrail /bench area .Roadside Hardscape 970 0.02 101 9 Cappystrail /bench area Roadside "Landscape 7744 0.18 804 10 15ummit St. planter Roadside Hardscape 1295 0.03 134 10 Summit St. planter Roadside Landscape 770 0.02 80 11 River Ave. planters -47th to 54th Roadside . Hardscape 22873 0.53 2374 11 River Ave. planters -47th to 54th Roadside Landscape 8179 0.19 849 12 OCTA BusStop - Balboa Blvd. X46th Roadside Hardscape: 1110 0.03 115 12 OCTA Bus Stop - Balboa Blvd. X 46th Roadside Turf 1096 0.03 114 13 OCTA Bus Stop - Balboa Blvd. X River . Roadside Hardscape 1184 0.03 123 13 OCTA Bus Stop - Balboa Blvd. X River Roadside Landscape 1331 0.03 138 14 Balboa Blvd. - PCH to 32nd St. Median Hardscape 13451 0.311 1396 14 Balboa Blvd. - PCH to 32nd St. Median Landscape 3619 0.08 376 15 37th- Sonora St. street ends off Seashore Roadside Hardscape 11696 0.27 1214 15 37th - Sonora St. street ends off Seashore Roadside Landscape 6974 0.16 724 16 Newport Island entrance planters Roadside. Hardscape 1380 0.03 143 16 Newport Island entrance planters Roadside Landscape 1401 0.03 145 16 Newport Island entrance planters Roadside Turf 2596 0.061 269 17 28th & 30th St. Parking Lots Roadside Hardscape 29162 0.67 3027 17 28th & 30th St. Parking Lots. Roadside Landscape 3352 0.08 348 18 McFadden Interchange Medians Median Hardscape 2795 0.06 290 18 McFadden Interchange Medians Median Landscape 1841 0.04 191 18 McFadden lnterchange Medians Median Turf 12851 0.30 1334 19 McFadden Parking Lot Roadside Hardscape 283891 0.651 2947 19 McFadden Parking Lot Roadside Landscape 42981 0.10 446 19 McFadden Parking Lot Roadside Turf 5045 0.12 524 9*1 REFERENCE TABLE: BID UNIT LIST WITH MAP LOCATION NUMBERS 2 54 r _ _ . • o . 20 Balboa Blvd. - Medina Way to 21st St. Median Hardscape 26510 0.61 2752 20 Balboa Blvd. - Medina Way to 21st St. Median Landscape 9892 0.23 1027 21 Palm St. and Balboa Blvd. Parking Lot Roadside Hardscape 33382 0.77 3465 21 Palm St. and Balboa Blvd. Parking Lot Roadside Landscape 30561 0.07 317 22 Balboa Village Roadside Hardscape 339851 7.801 35278 22 Balboa Village Roadside Landscape 22605 0.52 2346 22 Balboa Village Roadside Turf 813 0.02 84 23 Balboa Blvd. and "A" Street Median Landscape 186 0.00 19 24 Balboa Blvd /-1 B-1 Ave. Parking Lot Palms Roadside Hardscape 303 0.01 31 24 Balboa Blvd /-1 B-1 Ave. Parking Lot Palms Roadside Landscape 1790 0.04 186 25 G St. X Balboa Blvd. Median Landscape 2486 0.061 258 26 Miramar Dr. and Balboa Blvd. Roadside Hardscape 2229 0.05 231 26 Miramar Dr. and Balboa Blvd. Roadside Landscape 618 0.01 64 26 Miramar Dr. and Balboa Blvd. Roadside Turf 2449 0.06 254 27 1St. Median Roadside Landscape 617 0.01 64 28 M St. Median Median Hardscape 2324 0.05 241 28 M St. Median Median ITurf 2620 0.061 272 29 "L" St. Street end - oceanside Roadside Hardscape 748 0.02 78 29 "L" St. Street end - oceanside Roadside Landscape 1726 0.04 179 30 "M" St. St. Street end - oceanside Roadside. Hardscape 617 0.01 64 30 "M" St. St. Street end - oceanside Roadside Landscape 3380 0.08 351 31 "I" St. Street end - bayside Roadside Hardscape 419 0.01 43 31 "1" St. Street end - bayside Roadside ILandscape 605 0.01 63 32 "F' St. Street end - bayside Roadside Hardscape. 153 0.00 16 32 "F" St. Street end - bayside Roadside Landscape 1245 0.03 129 33 11st St. Street end - bayside Roadside Landscape 1706 0.041 177 34 12th St. Streetend - bayside Roadside Landscape 2657 0.06 276 35 13th St. Street end - bayside Roadside Hardscape 280 0.01 29 35 13th St. Street end - bayside Roadside Landscape 2340 0.05 243 36 Marina Trailer Park - Parking Lot Roadside Hardscape 11043 0.25 1146 36 1 Marina Trailer Park - Parking Lot Roadside Landscape 2150 0.05 223 37 19th St. Street end - bayside Roadside Hardscape 595 0.01 62 37 19th St. Street end - bayside Roadside Landscape 359 0.011 37 38 Cannery Village Parking Lot Roadside Hardscape 14226 0.33 1477 38 Cannery Village Parking Lot Roadside Landscape 2704 0.06 281 39 Villa Way X 29th St. Median Hardscape 585 0.01 61 39 lVilla Way X 29th St.. Median Landscape 925 0.02 96 40 Newport Blvd. XVia Lido Median Hardscape 4814 0.11 500 40 Newport Blvd. X Via Lido Median Landscape 803 0.02 83 41 Via Lido - Newport Blvd. to Via Operto Median Hardscape 1797 0.04 187 41 Via Lido - Newport Blvd. to Via Operto Median Landscape 1156 0.03 120 2 54 REFERENCE TABLE: BID UNIT LIST WITH MAP LOCATION NUMBERS 355 o • Roadside L. Hardscape s 12043 0.28 1250 42 Via Oporto X Central Parking. Lot 42 Via Oporto X Central Parking Lot Roadside Landscape 989 0.02 103 43 Gateway Roadside - Npt. Blvd. and Via Lido Roadside Hardscape 3147 0.07 327 43 IGateway Roadside - Npt. Blvd. and Via lido Roadside iLandscape 2075 0.051 215 43 Gateway Roadside - Npt. Blvd. and Via Lido Roadside Turf 1175 0.03 2 44 Gateway Roadside - Npt. Blvd. and Short St. Roadside Hardscape 3355 0.08 8 44 Gateway Roadside - Npt. Blvd. and Short St. Roadside Landscape 3084 0.07 0 E 44 Gateway Roadside - Npt. Blvd. and Short St. Roadside Turf 2703 0.06 1 45 Short St. X Newport Blvd. Roadside Roadside Landscape 5485 0.13 569 46 lClubhouse X Finley Median Hardscape 829 0.021 86 46 Clubhouse X Finley Median landscape 1 842 0.021 87 47 PCH roadside, n.side, Tustin Ave.-Riverside Dr. Roadside Hardscape 3813 0.09 396 47 PCH roadside, n.side, Tustin Ave.-Riverside Dr. Roadside Landscape 690 0.02 72 48 Mariners Mile Parking Lot Roadside Hardscape 56908 1.31 5907 48 Mariners Mile Parking Lot Roadside Landscape 5482 0.13 569 49 St. lames Road X Kings Place Median Landscape 467 0.01 49 49 St. James Road X Kings Place Median Turf 1077 0.02 112 50 Margaret Dr. between Tustin & Irvine Median Landscape 323 0.01 34 51 Westcliff Dr. - Irvine Ave to Dover Median Hardscape 6179 0.141 641 51 Westcliff Dr, - Irvine Ave to Dover 1Median landscape 5686 0.131 590 52 Triangular median - Westcliff X Dover Median Hardscape 1155 0.03 120 52 Triangular median - Westcliff X Dover Median Landscape 408 0.01 42 52 Triangular median - Westcliff X Dover Median Turf 3576 0.08 371 53 1 Dover Dr. - Westcliff to PCH Median Hardscape 19761 0.45 2051 53 Dover Dr. - Westcliff to PCH Median Landscape 18130 0.42 1882 54 Dover Roadside- Cliff Dr. to PCH Roadside Hardscape 12540 0.29 1302 54 Dover Roadside - Cliff Dr. to PCH Roadside Landscape 5985 0.14 621 55 O.C.T. Bus Stop - Bayshore Dr. X PCH Roadside Hardscape 6122 0.14 635 55 O.C.T. Bus Stop - Bayshore Dr. X PCH Roadside Landscape 6166 0.14 640 56 jDover X Westcliff Roadside Hardscape 5830 0.13 605 56 Dover X Westcliff Roadside Turf 22019 0.51 2286 57 Westcliff Dr. Arterial (Groves) Roadside Hardscape 7177 0.16 745 57 Westcliff Dr. Arterial (Groves) Roadside landscape 28975 0.67 3008 58 Westcliff Dr. X Santiago Roadside Hardscape 1285 0.03 133 58 Westcliff Dr. X Santiago Roadside Landscape 246 0.01 26 58 Westcliff Dr. X Santiago Roadside Turf 2019 0.05 210 59 Groves Bike Trail and Polaris Slope Roadside Hardscape 20944 0.48 2174 59 Groves Bike Trail and Polaris Slope Roadside Landscape 82428 1.89 8556 59 Groves Bike Trail and Polaris Slope Roadside Turf 2620 0.06 272 60 Castaways Blufftop Trail Roadside Hardscape 318941 0.73 3311 60 Castaways Blufftop Trail Roadside Landscape 30235 0.69 3139 355 REFERENCE TABLE: BID UNIT LIST WITH MAP LOCATION NUMBERS M Hardscape 2240 0.05 Y • - 233 61 Dover Dr. Arterials - (N) Westcliff to Irvine Ave f7oadside 61 Dover Dr. Arterials - (N) Westcliff to Irvine Ave Roadside Landscape 58292 1.34 6051 62 Dover Dr. Arterials - (8) Westcliff to Irvine Ave Roadside Hardscape 1025 0.02 106 62 Dover Dr. Arterials - (S) Westcliff to Irvine Ave Roadside Landscape 82787 1.90 8594 63 Irvine Ave. - Westcliff to Holiday Road Median Hardscape 25811 0.591 2679 63 lIrvine Ave. - Westcliff to Holiday Road Median Landscape 50906 1.17 5284 64 Irvine Avenue - Santiago to University Median Hardscape 17638 0.40 1831 64 IrvineAvenue - SantiagotoUniversity Median Landscape 231 0.01 24 64 Irvine Avenue - Santiago to University Median Turf 43924 1.01 4559 65 Irvine Ave. Arterial N of Private Road Roadside . Hardscape 2486 0.061 258 65 Irvine Ave. Arterial N of Private Road Roadside Turf 9849 0.23 1022 66 Tustin Avenue Street end Roadside Landscape 2576 0.06 267 67 Anniversary Lane Roadside .Roadside Landscape 18890 0.43 1961 68 Irvine Ave., Mesa Dr. to Orchard Median Hardscape 3016 0.07 313 68 Irvine Ave., Mesa Dr. to Orchard Median Landscape 5124 0.12 532 68 Irvine Ave., Mesa Dr. to Orchard Roadside Hardscape 7234. 0.171 751 68 Irvine Ave., Mesa Dr. to Orchard Roadside Landscape 19825 0.46 2058 69 Jamboree - Campus to PCH Median Hardscape 85814 .1.97 8908 69 Jamboree - Campus to PCH Median Landscape 46171 1.06 4793 69 Jamboree - Campus to PCH Median Turf 124219 2.85 12894 70 Bayview, e. Jamboree Rd. Roadside Hardscape 3534 0.08 367 70 Bayview, e. Jamboree Rd. Roadside Landscape 13668 0.31 1419 71 University Dr - Jamboree to MacArthur Median Hardscape 6138 0.14 637 71 University Dr - Jamboree to MacArthur Median Turf 4932 0.11 512 72 lVista Del sol Median Landscape 6701 0.15 696 72 Vista Del sol Median Turf 11927 0.27 1238 73 Jamboree Big Canyon Roadside. Roadside Hardscape 10723 0.25 1113 73 Jamboree Big Canyon Roadside Roadside Landscape 14947 0.341 1552 74 Jamboree - PCH to Bayside Roadside Hardscape 4934 0.11 512 74 Jamboree - PCH to Bayside Roadside Landscape 4774 0.11 496 75 lEntrance to Balboa Island Roadside Hardscape 2223. 0.05 231 75 Entrance to Balboa Island Roadside Landscape 894 0.02 93 76 Balboa Island - Grand Canal Bridge Roadside Hardscape 334 0.01 35 76 Balboalsland - GrandCanalBridge Roadside Landscape 875 0.0211 9L 77 Park Avenue and Marine Ave. planter Median Hardscape 4577 0.11 475 77 Park Avenue and Marine Ave. planter Median Landscape 24520 0.56 2545 77 1 Park Avenue and Marine Ave. planter Roadside Hardscape 200 0.00 21 77 Park Avenue and Marine Ave. planter Roadside Landscape 120 0.00 13 78 Entrance to Collins Island /Park Ave. Roadside Hardscape 3081 0.01 32 78 Entrance to Collins Island /Park Ave. Roadside Landscape 439 0.011 46 79 San Joaquin - Backbay Rd. to Spyglass Median Hardscape 557511 1.281 5787 M REFERENCE TABLE: BID UNIT LIST WIT14.MAP LOCATION NUMBERS 557 • • "M a Landscape 42261 0.97 e • 4387 79 San Joaquin - Backbay Rd. to Spyglass Median 79 San Joaquin - Backbay Rd. to Spyglass Median Turf 117915 2.71 12240 80 San Joaquin Arterials - Crown Dr. to Spyglass Roadside Hardscape 47443 1.09 4925 80 San Joaquin Arterials - Crown Dr. to Spyglass Roadside Landscape 80668 1.85 8374 80 San Joaquin Arterials - Crown Dr. to Spyglass Roadside Turf 51691 1.191 5366 81 Spyglass Hill Road Roadsides Roadside Hardscape 58091 1.33 6030 81 Spyglass Hill Road Roadsides Roadside Landscape 60881 1.40 6320 81 Spyglass Hill Road Roadsides Roadside Turf 27541 0.63 2859 82 Port Dunbar Drive Roadside Roadside Hardscape 19887 0.46 2064 82 Port Dunbar Drive Roadside Roadside Turf 25791 0.59 2677 83 Ford Rd.-MacArthur to Hlllslde Dr. Median Hardscape 8609 0.20 894 83 Ford Rd.-MacArthur to Hillside Dr. Median Turf 25313 0.581 2628 84 Bonita Canyon Road - MacArthur to the 73 Median Hardscape 21295 0.49 2211 84 Bonita Canyon Road- MacArthur to the 73 Median Landscape 55656 1.28 5777 85 San Miguel - Ford Road to Avocado Median Hardscape 25962 0.60 2695 85 San Miguel - Ford Road to Avocado Median Landscape 1483 0.03 154 85 San Miguel - Ford Road to Avocado Median Turf 78931 1.81 8193 86 San Miguel - Big Canyon Reservoir Roadside Hardscape 5346 0.12 555 86 San Miguel - Big Canyon Reservoir Roadside Landscape 13173 0.30 1367 87 Avocado - Waterfront to PCH Median Hardscape 373 0.01 39 87 Avocado - Waterfront to PCH Median landscape 13240 0.301 1374 87 Avocado - Waterfront to PCH Median Turf 9863 0.23 1024 88 Promentory Bay Plaza /Harbor island Dr. areas Roadside Hardscape 9231 0.21 958 88 Promentory Bay Plaza /Harbor Island Dr. areas Roadside Landscape 3103 0.07 322 89 Promentory Point & Channel Walk Roadside Hardscape 12333 0.28 1280 89 Promentory Point & Channel Walk Roadside Landscape 11262 0.26 1169 90 OASIS Senior Center Roadside Hardscape 81197 1.861 8429 90 OASIS Senior Center Roadside Landscape 86297 1.98 8958 90 OASIS Senior Center Roadside Turf 2549 0.06 265 91 Bayside Drive - Jamboree to Marguerite Roadside Hardscape 10441 0.24 1084 91 Bayside Drive - Jamboree to Marguerite Roadside Landscape 118552 2.72 12306 92 CdM Centennial Plaza Roadside Hardscape 2827 0.06 294 92 CdM Centennial Plaza Roadside Landscape 854 0.021 89 93 Larkspur Street End Roadside Hardscape 2072 0.05 215 93 Larkspur Street End Roadside Landscape 1911 0.04 198 94 Jasmine Street End Roadside Hardscape 944 0.02 98 94 Jasmine Street End Roadside Landscape 422 0.01 44 94 Jasmine Street End Roadside Turf 1999 0.05 208 95 Fernleaf Ramp and Median Median Hardscape 5161 0.01 54 95 Fernleaf Ramp and Median Median Landscape 1895 0.04 197 95 Fernleaf Ramp and Median Roadside Hardscape 1373 0.03 143 557 REFERENCE TABLE: BID UNIT LIST WITH MAP LOCATION NUMBERS M. Roadside Landscape 8493 0.19 882 95 Fernleaf Ramp and Median 95 Fernleaf Ramp and Median Roadside Turf 1867 0.04 194 96 PCH - Seaward to Morning Canyon Roadside Hardscape 5193 0.12 539 96 1PCH - Seaward to Morning Canyon Roadside Landscape 1 7419 0.17 770 97 1 PCH - Pelican Point, East Entry Sign Area Roadside Landscape 493 0.01 SS 98 PCH - Pelican Point Dr. to MacArthur Median Hardscape 24582 0.56 2552 98 PCH - Pelican Point Dr. to MacArthur Median Landscape 52998 1.22 5501 99 MacArthur - PCH to Bowsprit Dr. Median Hardscape 109126 2.51 11328 99 MacArthur - PCH to Bowsprit Dr. Median Landscape 149133 3.42 15481 100 MacArthur - PCH to San Miguel Roadside lHardscape 18638 0.431 1935 100 MacArthur - PCH to San Miguel Roadside landscape 51916 1.19 5389 101 1 MacArthur - opposite Nature Park .Roadside Hardscape 3774 0.09 392 101 MacArthur - opposite Nature Park Roadside iLandscape 976 0.02 101 102 Corinthian Way, W. of MacArthur Median lHardscape 287 0.01 30 102 Corinthian Way, W. of MacArthur Median Landscape 1123 0.03 117 103 Newport Place Dr., W. of MacArthur Median Hardscape 508 0.011 53 103 Newport Place Dr., W. of MacArthur Median Landscape 1178 0.03 122 103 Newport Place Dr., W. of MacArthur Median Turf 5063 0.12 526 104 N. Bristol Ave, Jamboree Rd. Irvine Ave. Roadside Hardscape 1059 0.02 110 104 N. Bristol Ave, Jamboree Rd. Irvine Ave. Roadside Landscape 40290 0.92 4182 105 PCH - MacArthur to Bayside Dr. Median lHardscape 54770 1.26 5685 105 PCH - MacArthur to Bayside Dr. Median Landscape 685121 1.571 7112 106 PCH - Bayside Drive to Jamboree Roadside Hardscape 22558 0.52 2342 106 PCH - Bayside Drive to Jamboree Roadside Landscape 627 0.01 65 107 PCH - Jamboree to Avocado Roadside Hardscape 48407 1.11 5025 107 PCH - Jamboree to Avocado Roadside Landscape 66873 1.54 6942 108 PCH Bayshore Soundwall Roadside Hardscape 11987 0.28 1244 108 PCH BayshoreSoundwall Roadside Landscape 4185 0.101 434 109 Rocky Point /Pelican Wall Roadside Hardscape 2968 0.07 308 109 Rocky Point/Pelican Wall Roadside Landscape 1009 0.02 105 110 ISuperior X PCH Parking Lot Roadside Hardscape 52371 1.20 5436 110 Superior X PCH Parking Lot Roadside Landscape 30972 0.71 3215 110 Superior X PCH Parking Lot Roadside Turf 9456 0.22 982 111 Superior Medians - PCH to Industrial Way Median IHardscape 13336 0.31 1384 111 Superior Medians - PCH to Industrial Way Median Landscape 27174 0.621 2821 112 Harbor Watch Park Roadside Hardscape 4174 0.10 433 112 Harbor Watch Park Roadside Landscape 62641 1.44 6502 113 Canyon Watch Park Roadside Hardscape 30202 O.G9 3135 113 Canyon Watch Park Roadside Landscape 145868 3.35 15142 114 San Joaquin - Spyglass Hill Rd. to Npt. Coast Dr. jMedian Hardscape 30651 0.70 3182 114 San Joaquin - Spyglass Hill Rd. to Npt. Coast Dr. iMedian iLandscape 1 1185951 2.721 12311 M. REFERENCE TABLE: BID UNIT LIST WITH MAP LOCATION NUMBERS •• Hardscape 116860 2.68. 12130 115 San Joaquin - Spyglass Hill Rd. to Npt. Coast Dr. Roadslde 115 San Joaquin - Spyglass Hill Rd. to Npt. Coast Dr. Roadside 'Landscape 331409 7.61 34402 115 San Joaquin - Spyglass Hill Rd. to Npt. Coast Dr. Roadside Turf 6464 0.15 671 116 NpL Coast Dr. - 73 toll Rd. to Pelican Hill Rd. S. Median Hardscape 48340 1.11 5018 116 Npt. Coast Dr - -73 toll Rd. to Pelican Hill Rd. S. Median Landscape 158922 3.651 16497 117 Npt. Coast Dr. - 73 toll Rd. to Pelican Hill Rd. S. Roadside Hardscape 161397 3.71 16754 117 Npt. Coast Dr. - 73 toll Rd. to Pelican Hill Rd. S. Roadside Landscape 1147077 26.33 119071 117 Npt. Coast Dr. - Lower View Park Roadside Landscape 9383 0.22 974 117 Npt. Coast Dr. - 73 toll Rd. to Pelican Hill Rd. S. Roadside Turf 2304 0.05 239 118 Npt. Coast Dr. - Lower View Park Roadside Hardscape 25996 0.60 2699 118 Npt. Coast Dr. - Lower View Park Roadside Landscape 150466 3.451 15619 119 Npt. Coast Dr. - Mid View Park Roadside Hardscape 1260 0.03 131 119 Npt. Coast Dr. - Mid View Park Roadside Landscape 49202 1.13 5107 120 Npt. Coast Dr. - Upper View Park Roadside Hardscape 2148 0.05 223 120 NpL Coast Dr. - Upper View Park Roadside Landscape 38148 0.88 3960 121 Pelican Hill Rd. N. to Pelican Hill Circle S. Median Hardscape 2011 0.05 209 121 Pelican Hill Rd. N. to Pelican HIII Circle S. Median Landscape 1329 0.031 138 122 Pelican Hill Rd. N. to Pelican Hill Circle S. Roadside Hardscape 37702 0.871 3914 122 Pelican Hill Rd. N. to Pelican Hill Circle S. Roadside Landscape 478290 10.98 49649 122 jPelican Hill Rd. N. to Pelican Hill Circle S. Roadside Turf 3604 0.08 374 123 Vista Ridge Rd. - Npt. Coast to Ridge Park Rd. Roadside Hardscape 34647 0.80 3596 123 Vista Ridge Rd. - NpL Coast to Ridge Park Rd. Roadside Landscape 532557 12.23 55282 123 Vista Ridge Rd. - Npt. Coast to Ridge Park Rd. Roadside Turf 141765 3.25 14716 124 Ridge Park Rd. - E. of Vista Ridge to Ridge Park Roadside Hardscape 21274 0.491 2208 124 Ridge Park Rd. - E. of Vista Ridge to Ridge Park Roadside Landscape 384827 8.831 39947 124 Ridge Park Rd. - E. of Vista Ridge to Ridge Park Roadside Turf 1859 0.04 193 125 Ridge Park Rd.- Npt. Coast Dr. to San Joaquin Median liardscape 4850 0.11 503 125 Ridge Park Rd. - Npt. Coast Dr. to San Joaquin Median Landscape 4116 0.09 427 126 Ridge Park Rd. - Npt. Coast Dr. to San Joaquin Roadside Hardscape 7524 0.17 781 126 Ridge Park Rd. - Npt. Coast Dr. to San Joaquin Roadside Landscape 15331 0.35 1591 126 Ridge Park Rd. - Npt. Coast Dr. to San Joaquin Roadside Turf 10878 0.251 1129 127 Newport Coast Community Center Roadside Hardscape 71272 1.64 7398 127 1 Newport Coast Community Center Roadside Landscape 38401 0.88 3986 127 Newport Coast Community Center Roadside Turf 19257 0.44 1999. 128 Newport Coast Fire Station Roadside Hardscape 15314 0.35 1590 128 Newport Coast Fire Station Roadside Landscape 18087 0.42 1878 128 Newport Coast Fire Station Roadside Turf 815 0.021 85 129 Big Canyon Reservoir Roadside Hardscape 199676 4.58 2276 129 1 Big Canyon Reservoir Roadside Landscape 866460. 19.94 9900 130 Pump Station - Goleta Point Dr. Roadside Hardscape 406 0.01 5 130 Pump Station - Goleta Point Dr. Roadside Landscape 1094 0.03 12 •• REFERENCE TABLE: BID UNIT LIST WITH MAP LOCATION NUMBERS 860 e • . •,. 131 Pump Station -Santa Barbara Dr. Roadside Hardscape 2765 0.06 32 131 Pump Station - Santa Barbara Dr. Roadside Landscape 9408 0.22 107 132 Oil Wells Roadside Landscape 533848 12.26 6086 133 Tamura Well Site - FV Roadside Hardscape 1041 0.02 12 133 Tamura Well Site - FV Roadside Landscape 2657 0.061 30 134 Dolphin WeIlSite - FV Roadside Hardscape 2903 0.07 33 134 Dolphin WeIlSite - FV Roadside Landscape 7120 0.16 81 109070041 ZS6.j91 981630 . 860 EXHIBIT C 1. INSURANCE REQUIREMENTS — MAINTENANCE AND REPAIR 1.1 Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 1.2 Acceotable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City s Risk Manager. 1.3 Coverage Requirements. 1.3.1 Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. 1.3.1.1 Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, officials, employees and agents. 1.3.2 General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate and two million dollars ($2,000,000) completed operations aggregate. The policy shall cover liability arising from premises, operations, products - completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract) with no endorsement or modification limiting the scope of coverage for liability assumed under a contract. 1.3.3 Automobile Liability Insurance. Contractor shall maintain automobile insurance at least) as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, In an amount not less than one million dollars ($1,000,000) combined single limit for each accident. 1.4 Other Insurance) Requirements. The policies are to contain, or be endorsed to contain, the following provisions: PARK WEST LANDSCAPE MAINTENANCE, INC. Page C-1 61 1.4.1 Waiver of Subroaation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, Its elected or appointed 'officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subcontractors. 1.4.2 Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, but not including professional liability (if required), shall provide or be endorsed to provide that City and its officers, officials, employees, and agents shall be included as insureds under such policies. 1.4.3 Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self- insurance maintained by City. 1.4.4 Notice of Cancellation. All policies shall provide City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage. 1.5 Additional Aareements Between the Parties. The parties hereby agree to the following: 1.5.1 Evidence 'of Insurance. Contractor shall provide certificates of Insurance to City as evidence !of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required Insurance policies, at any time. 1.5.2 City's Right to Revise Requirements. The City reserves the right at any time during the term of I this Agreement to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor's compensation. 1.5.3 Riaht to Review Subcontracts. Contractor agrees that upon request, all contracts with subcontractors or others with whom Contractor enters Into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such contracts will not impose any liability on City, or its employees. 1.5.4 Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non - compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. 1.5.5 Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, I PARK WEST LANDSCAPE MAINTENANCE. INC. Page C-2 62 limits or other requirements, or a waiver of any coverage normally provided by any Insurance. Specific reference to a given overage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other overage, or a waiver of any type. 1.5.6 Self- insured Retentions. Any self - insured retentions must be declared to and approved by City. City reserves the right to require that self - insured retentions be eliminated, lowered, or replaced by a deductible. Self - insurance will not be considered to comply with these requirements unless approved by City. 1.5.7 City Remedies for Non Compliance If Contractor or any subcontractor fails to provide and maintain Insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this agreement, or to suspend Contractor's right to proceed until proper evidence of Insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. 1.5.8 Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Agreement, and that Involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 1.5.9 Contractor's Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for Its proper protection and prosecution of the Work. PARK WEST LANDSCAPE MAINTENANCE, INC. Page C-3 63 EXHIBIT D CITY OF NEWPORT BEACH BOND NO. FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ being at the rate of $ thousand of the annual Agreement price. WHEREAS, Principal has executed or is about to execute the Agreement and the terns thereof require the furnishing of a Bond for the faithful performance of the terms and conditions of the Agreement. WHEREAS, the City of Newport Beach, State of California, has awarded to Park West Landscape Maintenance, Inc., hereinafter designated as the "Principal," a contract for Landscape Maintenance Services, located in the City of Newport Beach, in strict conformity with the Agreement on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. NOW, THEREFORE, we! the Principal, and , duly authorized 'to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Nine Hundred Eight -One Thousand Six Hundred Thirty Dollars and 001100 ($981,630.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the annual Agreement price, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Agreements and all exhibits attached thereto and any alteration thereof made as therein provided on its part, to be kept and performed at the time and In the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the PARK WEST LANDSCAPE MAINTENANCE, INC. Page D -1 [Yf EXHIBIT D event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the day of 2012. Name of Contractor (Principal) Name of Surety Address of Surety Telephone Authorized SignatureTtle Authorized Agent Signature Print Name and Title NOTARYACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 65 PARK WEST LANDSCAPE MAINTENANCE, INC.. Page D -2 STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) On ' 2012 before me, , Notary Public, personally appeared ' proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraphs is true and correct. Witness my hand and official seal. i Notary Public 66